High CourtsSingle Bench

Tirsi Kui And Ors vs State of Jharkhand And Ors

Jharkhand High Court · Decided on 7 July 2020 · Citation: (2020) 07 JH CK 0065

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No.4181 of 2019

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Judgment

23 paragraphs · 409 words

Minor defects are ignored.

Heard Mr. Rajesh Kumar, learned counsel for the petitioners, Mr. Mukesh Kumar Sinha, learned counsel for respondent nos.1 and 2-State and Dr.

Ashok Kumar Singh, learned counsel for respondent no.3.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due

to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The petitioners have preferred this writ petition for direction upon the respondents to fix the salary of the petitioner no.1 under 5th and 6th pay revision

since 01.01.1996 and 01.01.2006 respectively and fix the salary of petitioner nos.2, 3 and 4 under 6th pay revision since 20.08.2001, 01.03.2011 and

20.04.2012 respectively.

Mr. Rajesh Kumar, learned counsel for the petitioners submits that petitioner no.1 was appointed on compassionate ground on 18.07.1995 in 4th grade

in G.C. Jain Commerce College, Chaibasa against the vacancy caused due to death on the posts. Petitioner no.2 has been appointed on compassionate

ground on the post of Typist-cum-Clerk on 18.08.2001. Petitioner no.3 has been appointed on compassionate ground on the post of Peon on

01.03.2011. Petitioner no.4 has been appointed on compassionate ground on Grade IV post on 20.04.2012. Learned counsel for the petitioners submits

that petitioner no.1 has been paid salary under 4th pay revision. He further submits that the salary of the petitioners are not being paid in terms of 5th

and 6th pay revision. He also submits that the petitioners have already filed representation on 12.02.2019 which is Annexure-9 to the writ petition but

the same has not been decided yet.

Learned counsel for respondent no.3 submits that the university will take decision in accordance with rules, regulations and guidelines.

Mr. Mukesh Kumar Sinha, learned counsel for respondent nos.1 and 2-State accepts the argument of learned counsel for respondent no.3 and submits

that case of the petitioner is need to be decided.

Considering the above submission of the parties, the petitioners are directed to file fresh representation before respondent no.3 with all credentials

within a period of three weeks from today. If such representation is filled within the aforesaid period, the respondent no.3 shall take a decision in

accordance with rules, regulations and guidelines in this regard and will pass order within a period of eight weeks.

With the above observations and directions, this writ petition stands dispose of.