Vijay Kumar Verma and Others vs The State of Jharkhand and Others

Aparesh Kumar Singh, J.—Heard learned counsel for the parties.

Petitioners in the first writ petition are working on the post of Correspondence Clerk who are aggrieved by the order bearing No. 2556 dated 18th June, 2005 issued by Respondent- Birsa Agriculture University, Ranchi whereunder their pay scale has been reduced to Rs. 4,000-6,000/- in stead of Rs. 5500-9000/- earlier granted vide office order dated 5th March, 2005 bearing No. 964. They have also sought quashing of the office order No. 773, dated 1st July, 2005 (Annexure-7) whereunder the recovery of the excess amount has been ordered to be effected in pursuance of the order dated 18th June, 2005.

Petitioners in the second writ petition have also similar grievance relating to reduction in the scale of pay from Rs. 5500-9000 to Rs. 5000-8000/- vide order dated 28th June, 2005 (Annexure-5) which was earlier granted to them by the office order dated 5th March, 2005 bearing No. 964 (Annexure-3). In the instant writ application, the present petitioner is working on the post of Computer Assistant. There is a background history relating to appointment of the petitioners under the Respondent-University, details of which need not be gone into at this stage for the reasons recorded hereinafter.

Petitioners in both the writ petitions essentially claim a revised higher scale of Rs. 5500 -9000/- which was granted to them as a matter of fact vide letter dated 5th March, 2005 by the Respondent-University itself. However, as it transpires within 3 months the grant of higher scale has been reduced in both the cases which the petitioners allege has been done without any issuance of notice upon them.

The respondents in their counter affidavit have given their chronology of facts and sought to justify the revised scale of Rs. 4000-6000 or 5,000-8000 in the case of the petitioners of the two writ petitions. However according to them, these petitioners were not entitled to higher scale of pay which has been duly corrected as any such grant of scale of pay is only final after approval of the State Government in terms of the provisions of section 25 of Birsa Agriculture Universities Act, 2000.

Be that as it may, it appears from the supplementary counter affidavit of the Respondent-University filed in W. P. (S) No. 119 of 2007 that similar claim relating to revised scale of pay 5,500-9,000/- were raised by employees of the Respondent-University on the basis that post upon which they worked carried the scale of Rs. 1,500-2,700/-, which was not granted rather scale of Rs. 1200-1800 was granted. That writ petition was disposed of vide order dated 24th July, 2013 after taking note of the relevant stand of the parties to enable the petitioners to approach the respondent-Vice Chancellor Birsa Agriculture University with fresh representations for redressal of their grievances relating to grant of higher scale of pay and consequent revised scale of Rs. 5,500-9000 claimed by them. The operative portion of the judgment dated 24th July, 2013 is quoted hereunder:

"In such circumstances, the writ petition is being disposed of by allowing the petitioners to approach the Vice Chancellor, Birsa Agriculture university, respondent No. 2 with a fresh representation for redressal of their aforesaid grievances relating to grant of higher pay scale of Rs. 1500-2750 (prerevised) and the revised scale of Rs. 5500-9000 as claimed by them for the post of assistant on which they are working, together with all supporting facts and documents within three weeks. On receipt of such representation, respondent No. 2 shall consider the same in accordance with law and take an informed decision by passing a reasoned and speaking order within a period of 10 weeks thereafter. If any, approval of State Government is required as per the statute, the respondent No. 2 shall thereafter forward such recommendation made in respect of revision of the scales to the State Government for seeking approval. Needless to say that if the said scale is approved by the competent authority and the State Government then the arrears and the current scale should be paid to them within a period of 12 weeks thereafter.

This writ petition is disposed of in the aforesaid terms."

The respondents have passed a reasoned and speaking order thereafter on 24th May, 2006 (Annexure A/1) annexed thereto which according to the counsel for the respondents has rejected their claim after due consideration of all relevant material facts and the plea of the said petitioners.

Learned senior counsel for the respondent -University submits that if so directed the respondent-Vice Chancellor of the University would consider the grievances of the petitioners and take an informed decision on their plea of higher scale of pay as well after giving an opportunity to them. Therefore, the matter can be disposed of so that petitioners may approach the Vice Chancellor, Birsa Agriculture University in like manner as in case of Sheo Kumar Narayan and others for consideration and redressal of their grievances.

Having regard to the aforesaid facts and submission made, this Court is of the opinion that the issue can be addressed by the respondent University in like manner as in case of Sheo Kumar Narayan and others in W. P. (S) No. 1091 of 2007, where similar plea of higher scale of pay was raised on the part of the said petitioners who were working on Class III post under the Respondent-University.

In view of the aforesaid course preferred, this Court has avoided entering into the merits of the controversy one way or the other. This course is also justified for the reasons that the impugned action has been taken without any notice or opportunity to the petitioners. The writ petitions are therefore disposed of with liberty to the petitioners to approach the respondent- Vice Chancellor, Birsa Agriculture University by way of their representations for redressal of their grievances. Petitioners would prefer their fresh representation before the respondents in relation to the aforesaid grievances with all supporting facts and documents within a period of 3 weeks. On receipt of such representations the respondent-Vice Chancellor, Birsa Agriculture University shall consider the same in accordance with law and take an informed decision by passing a reasoned and speaking order within a period of 10 weeks thereafter. If any, approval of State Government is required as per the statute, the respondent-University shall thereafter forward such recommendation made in respect of revision of the scale to the State Government for seeking approval. Needless to say that if the said scale is approved by the competent authority and the State Government, then the admissible benefits arising thereof would be released in favour of the petitioners also. The matter being remitted to the respondent- University, the order impugned would not come into the way of the Vice Chancellor Birsa Agriculture University in taking an informed decision as aforesaid.

Accordingly, the writ petitions are disposed of.