Jharkhand High Court
Dr Samira Sinha And Ors vs The State Of Jharkhand Through The ... on 31 October, 2017
Author: S.N. Pathak
Bench: S.N. Pathak
1.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3462 of 2017
.....
1. Dr. Samira Sinha
2. Dr. Kumar Pushkar Singh
3. Dr. Pramod Kumar Singh
4. Dr. Bharti Dwivedi
5. Dr. Rohit Srivastava
6. Jagdish Lohra
7. Dr. Suchi Santosh Barwar
8. Dr. Geetanjal Singh
9. Dr. Arapna Sinha
10. Smrity Prabha
11. Dr. Vidyan Kumari
12. Dr. Agha Md. Zafar Hussnain
13. Dr. Kanjiv Lochan
14. Dr. Rashmi Mishra
15. Dr. Ratnesh Vishvaksen
16. Dr. Abha Jha .... Petitioners
Versus
1. The State of Jharkhand through the Secretary, Higher and Technical
Education, State of Jharkhand having its office at Nepal House, Ranchi.
2. The Director, Higher and Technical Education, State of Jharkhand having
its office at Nepal House, Ranchi.
3. The Vice Chancellor, Ranchi University, Ranchi.
.... Respondents
CORAM: HON'BLE MR. JUSTICE DR. S.N. PATHAK
For the Petitioners : Mr. Rajiv Ranjan, Sr. Advocate
Mr. Shresth Gautam, Advocate
M/s Priya Shrestha, Advocate
M/s Shray Mishra, Advocate
Mr. Abhishek Chaturvedi, Advocate
For the Respondents : Mr. Pankaj Kumar, J.C. to G.P. VI
Mr. Anoop Kr. Mehta, Advocate
Mr. Nikhil Ranjan, Advocate
Mr. Saumya Pandey, Advocate
05 / Dated 31
st
October, 2017
The Petitioners have approached this court with a prayer to make
payments of the benefits which have been granted in favour of the
petitioners in terms of the notification no. 1188 dated 20.11.2010.
i. Arrears of the sixth pay scale.
ii. Annual Grade Pay (AGP)
iii. Travel Allowance
Further prayer has also been made to give the benefits of increments
for Ph.D./M.Phil and arrears of 6th Pay Commission.
Factual Matrix:
The petitioners are working as Assistant Professors in different
2.
colleges of the Ranchi University. It is the case of the petitioners that in
view of Advertisement no. 1/2007 issued by Jharkhand Public Service
Commission for appointment of lecturers to which the petitioners also
applied. The petitioners successfully qualified the interview process and on
the recommendation of the JPSC vide letter no. 1/V VJ.P.S.C48/200727
dated 14.1.2008 communicated to Ranchi University, the petitioners were
appointed as lecturers to different affiliated colleges vide notification dated
28.2.2008. The petitioners were appointed in the pay scale of Rs. 8000 27513500 alongwith the admissible allowances as per the Fifth Pay Scale. The services of the petitioners were confirmed in the year 2015 in view of the decisions of the Central Government on 31 st December, 2008 the pay scale of the teachers of the Central University were revised and a recommendation was also made by the University Grant Commission providing for certain changes in the minimum qualification for appointment of teachers in colleges and also with regard to payment of salary and other benefits to the teaching employees of the colleges. The said UGC recommendation dated 20.11.2010 was adopted by the State of Jharkhand and vide the said notification the sixth pay revision was also adopted w.e.f. 01.01.2006. It is further stated that vide notification no. 1188 dated 20.11.2010 payment of AGP (Academic Grade Pay) the aforesaid notification dated 20.11.2010 of HRD, Government of Jharkhand provided for the payment of enhanced AGP in the pay scales of University teachers. The enhancement of AGP from 6000 to 7000, as per rules has already been implemented in Sindhu Kanu University since 2012 and in Vinobha Bhave University since 2013. and Ranchi University also after completing the procedures, had approved the names of 392 Assistant Professors and sent it to the Department of Higher and Technical Education for its approval on June 20, 2016 which remains pending despite several reminders which is at Annexure7 of the writ petition. It is specific case of the petitioners that they have completed more than 9 years of continuous service and all (except two) have the requisite qualification of Ph. D degree and as such they are entitled for the AGP allowance in terms of notification no. 1188 even then the due AGP in terms of the notification is not being provided to the petitioners. It has also been stated that vide letter dated 20.6.2016 issued by the Vice Chancellor of the Ranchi University requesting for approval of payment of enhanced AGP from 60007000 to 392 Asst. Professors working in the pay band of Rs.
3.1560039100 in terms of memo no. 1188. That several qualifications were also sought for regarding holding the degree of Ph. D. and other qualifications for grant of the benefits of the AGP. The same was also clarified by the University. It is stated that petitioners are entitled in terms of the memo no. 1188 for AGP from the date of appointment and also of other benefits regarding increments of Ph. D. and arrears of sixth pay commission. It is further case of the petitioners that in terms of notification no. 1188 they were also paid 6th pay arrear w.e.f. 28.2.2008 i.e the date of appointment of the petitioners in part i.e. 34% of the total arrear in April 2015 even in which payment of HRA (house rent allowance), medical allowance and travel allowance was not paid. There is no reason for non payment of the remaining 66% arrear in terms of the memo no. 1188 dated 18.9.2010. It has been stated that a pick and choose method was adopted and few have been extended the benefits of sixth pay arrears but the same has been kept pending in regard to these petitioners and as such a detailed representation was filed by the petitioners regarding the payments of benefits of AGP increments for Ph. D/M.Phil and arrears for 6th Pay Revision vide a representation dated 14.07.2015 and as the same is still pending, this writ petition has been preferred.
Mr. Rajiv Ranjan, learned senior counsel assisted by Mr. Gaurav Sharma strenuously urges that the petitioners fulfilled all the eligibility criteria for payment of the benefits regarding AGP and increments for Ph. D/M.Phil and also arrears of 6th Pay Commission, though the rest of the petitioners were duly recommended by the ViceChancellor of the University, the same has not been extended to the petitioners till date. Pick and choose method was adopted, petitioners were denied the benefits without any rhyme and reason. The learned senior counsel submits that the action of the respondents is illegal, arbitrary and not tenable in the eyes of law, as petitioners are fulfilling all the requisite eligibility criteria, there is no occasion that as to why same cannot be extended to petitioners.
Per contra, no counteraffidavit has been filed. Mr. Pankaj Kumar, J.C. to G.P. VI very fairly submits that as counteraffidavit is not filed, he is not in a position to state that as to why the case of the petitioners was not considered though as per the averments made in the writ petition some of the Assistant Professors were extended and granted the benefits as mentioned in representation dated 14.07.2015. The learned counsel fairly submits that if the petitioners prefers a fresh representation before the 4. respondent authorities the same will be considered in accordance with law and a reasoned order will be passed regarding extending the benefits of AGP, increments of Ph.D/M.Phil and arrears of 6th Pay Commission. If the petitioners are fulfilling all the requisite criteria as the other similarly situated persons, the same will be extended to them within a stipulated period.
Be that as it may having gone through the rival submissions of the parties this court is of the considered view that case of the petitioners need consideration as similarly situated persons have already been considered and granted the benefits, the petitioners having fulfilled all the eligibility criteria/terms and conditions, there is no occasion as to why the benefits of AGP, increments of Ph.D/M.Phil and arrears of 6th Pay Commission should not be extended to the petitioners.
As a cumulative effect of the aforesaid facts/observations/judicial pronouncements, I hereby direct the respondent no. 2 and 3 to consider the representation of the petitioners and pass a reasoned order in accordance with law taking into consideration that similarly situated persons have already been extended the benefits of AGP, increments of Ph.D/M.Phil and arrears of 6th Pay Commission.
Needless to say that if the petitioners are found entitled for the benefits of AGP, increments of Ph.D/M.Phil and arrears of 6 th Pay Commission, the same may be extended to them within a period of six weeks from the date of receipt of a copy of this order.
The writ petition stands allowed.
(Dr. S.N. Pathak, J.) Pallavi/