Jharkhand High Court
Ram Lal vs Vinoba Bhave University on 3 March, 2021
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3681 of 2019
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1. Ram Lal, son of late Badri Ram Mandal
2. Rajendra Yadav, son of Late Dhanda Yadav
3. Kapil Deo Singh, son of Keshow Singh
4. Rajdeo Singh, son of Keshow Singh
5. Ankur Gorai, son of late Mahadeo Gorai,
6. Kedarnath Singh, son of late Ramswaroop Singh All residents of Maithen, P.O. Maithen, P.S. Kumardhubi, District-
Dhanbad .... .... .... Petitioners
Versus
1. Vinoba Bhave University, Hazaribagh represented through its Vice Chancellor, P.O and P.S.-Hazaribagh, District-Hazaribagh
2. The Registrar Vinoba Bhave University, P.O and P.S.-Hazaribagh, District-Hazaribagh
3. Binod Bihari Mahto Koyalanchal University, Dhanbad, Luby Circular Road, P.O. P.S. and District Dhanbad, represented through its Vice Chancellor, office at Luby Circular Road, P.O. P.S. and District Dhanbad
4. Principal, B.S.K. College, Maithen, P.O. Maithen, P.S. Chirkunda, District- Dhanbad
5. The State of Jharkhand
6. The Deputy Secretary, Higher Education Human Resources , Government of Jharkhand, Ranchi .... .... .... Respondents CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Sanjay Prasad, Advocate For the Respondent Nos. 1 & 2: Mrs. I. Sen Choudhary, Advocate For the Respondent No. 3 : Mr. Amresh Kumar, Advocate
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06/03.03.2021 Heard Mr. Sanjay Prasad, learned counsel for the petitioners, Mrs. I. Sen Choudhary, learned counsel for respondent nos. 1 & 2 and Mr. Amresh Kumar, learned counsel for the 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 for providing first and second time bound promotion due to them to which they have been entitled in view of Finance Department Resolution No. 10770 dated 30.12.1981 and for payment of consequential benefit. Prayer has also been made for providing benefit of 5 th and 6th Pay Revision including arrear of revised pay.
Petitioner nos. 1, 4, 5, 6 are posted as Peon in B.S.K. College, 2 Maithen. Petitioner no. 2 is posted as Night Guard in B.S.K. College. Petitioner no. 3 has superannuated from the post of Peon. The petitioners were appointed on different dates. By letter dated 06.05.2004, the employees have been directed to raise objection if any with regard to their revision of pay and providing the benefit of 3rd and 4th pay revision which was approved by the competent authority. The petitioners are entitled for benefit of 5th and 6th pay revision as well as A.C.P. By way of referring Annexure-3, Mr. Sanjay Prasad, learned counsel for the petitioners submits that the respondent no. 4 has already recommended to the concerned university for payment of benefit of 5th and 6th Pay Revision.
Mrs. I. Sen Choudhary and Mr. Amresh Kumar, Learned counsels for the University jointly submit that if the recommendation is there the concerned University shall take a decision in accordance with rules, regulations and guidelines.
In view of the aforesaid facts and considering the submission of the learned counsel for the parties, the writ petition is being disposed of with direction to the petitioner to file fresh representation before the concerned University with all the credentials within two weeks from today. If such representation is filed within the aforesaid period the University shall take decision in accordance with rules, regulations, guidelines and pass appropriate reasoned order within a period of eight weeks thereafter. It goes without saying that if the decision is taken in favour of the petitioner, the benefit of the same shall be accrued in favour of the petitioner within a period of further six weeks thereafter.
With the above observations and directions, this writ petition stands disposed of.
(Sanjay Kumar Dwivedi, J.) Satyarthi/-