Jharkhand High Court
Manjula Sinha vs Human Resource Development on 24 September, 2013
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 1991 of 2013
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Manjula Sinha ... ...Petitioner
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The State of Jharkhand & Ors. ... ...Respondents
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CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner : - M/s Rajendra Prasad
For the Respondents : - M/s Ratnakar Bhengra
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02/24.9.2013Heard learned counsel for the parties.
The petitioner has approached this Court for a number of reliefs such as (i) to pay gratuity with statutory interest, leave encashment and the amount of general insurance with statutory interest (ii) to calculate and pay the annual increment due from 01.01.1996 till March, 2009 with statutory interest and accordingly revise the pension, gratuity and other post retirement benefits (iii) to designate the petitioner to the post of Assistant Professor as per the UGC guidelines (iv) further to grant "three non compoundable Ph.D advance increments on completion of Ph.D Degree by the petitioner on 22.03.2007" (v) to correct the basic pay of the petitioner as per the 6th UGC revised pay implemented w.e.f. 01.01.1996 in pay band of Rs. 37400 to 67000/-.
According to the petitioner, certain increments have also been withheld on the ground that she has not obtained Ph.D degree in view of U.G.C Guidelines which was accepted by the Human Resources Development Department, Govt. of Jharkhand. The petitioner is said to have appointed as Lecturer in the department of Mathematics on 15th July, 1974 in Sundawati Mahila College, Bhagalpur under Bhagalpur University, Bhagalpur on the recommendation of University Service Commission. She was promoted as Reader in the year 1985. She was transferred from Sundawati Mahila College, Bhagalpur to S.S.L.N.T. Mahila College, Dhanbad in the year 1987 from where she has retired in February, 2012. According to the petitioner, she obtained her Ph. D degree on 22nd February, 2007 and she is entitled to increments which have been withheld in view of the decision of the Human Resources Development Department, Govt. of Jharkhand, taken in terms of the guidelines laid down by U.G.C. It is submitted on behalf of the petitioner that such a condition to withhold the increments has been quashed by this Court in W.P.(S) No. 3632 of 2011 vide order dated 4th July, 2013 on the grounds that the said withholding of increment on obtaining of Ph.D. has been found to be untenable in view of specific provision of the statute under which the same can be withheld only as a measure of punishment. In such circumstances, learned counsel for the petitioner submits that the concerned respondent be directed to take a decision on the aforesaid claim of the petitioner in accordance with law within a specified time.
Learned counsel for the Respondents-University submits that the claim of the petitioner is determinable on verification of his service record as also the relevant statute under the Universities Act. Learned counsel for the Respondents-State also takes a similar stand.
In such circumstances, the writ petition is disposed of, without making any comments upon the claim of the petitioner, with liberty to the petitioner to approach the respondent no. 5, Registrar, Vinoba Bhave University, Hazaribagh with a fresh representation for redressal of her aforesaid grievances within a period of 3 weeks together with all supporting facts and documents and judgments upon which she seeks to rely. On receipt of such representation, the respondent no. 5, Registrar, Vinoba Bhave University, Hazaribagh shall take a decision on her representation in accordance with law and also taking into account the relevant statutes in question and on verification of the service records of the petitioner by passing a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to her.
If any of the claims of the petitioner are found to be genuine and legally admissible, recommendation, if required, be made to the Respondent No. 3 for release of funds in lieu thereof. On receipt of such recommendation the respondent no. 3, Director, Higher Education, Dhurwa, Ranchi shall examine the same on facts, applicable statutes as well as UGC Guidelines and the judgments relied upon by her in question and if there are no legal impediments, the funds in lieu thereof be released within a period of 8 weeks thereafter for disbursement in favour of the petitioner along with statutory interest, if any.
Accordingly, the writ petition is disposed of in the aforesaid term.
(Aparesh Kumar Singh,J) Kamesh/