Jharkhand High Court
Bandhani Devi vs The State Of Jharkhand on 1 May, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3870 of 2021
Bandhani Devi ..... Petitioner
Versus
1. The State of Jharkhand, through the Secretary, Higher, Technical Education &
Skill Development Department, Ranchi
2. The Director, Higher, Technical Education & Skill Development Department,
Government of Jharkhand, Ranchi
3. The Ranchi University, through its Registrar, Ranchi ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Mr. Prem Pujari Roy
For the State: Mr. Mukul Kr. Singh, A.C to G.P-III
For the University: Mr. A. K. Mehta
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10/01.05.2024 The present writ petition has been filed for issuance of direction upon the
concerned respondents to forthwith grant approval of the pay scale of the petitioner's husband, namely, Chhedi Bhagat, who died in harness on 03.08.2017 while working as peon at Mandar College, Mandar, in the revised pay scale in terms with 5th Pay Revision w.e.f. 01.01.1996, 6th Pay Revision w.e.f. 01.01.2006 and 7th Pay Revision w.e.f. 01.01.2016 as the service of the petitioner's husband has been absorbed by the Ranchi University pursuant to the direction of the Hon'ble Supreme Court and Ranchi University has already made recommendation for grant of approval of the revised pay scale as per 5th Pay Revision to the petitioner's husband. Further prayer has been made for directing the respondents to forthwith make payment of the entire post retiral benefits as well as fixation of family pension along with arrears of the same to the petitioner.
2. Learned counsel for the petitioner submits that this Court vide order dated 21.08.2023 passed in W.P.(S) No. 3011/2020, has already quashed the order as contained in memo No. 1276 dated 20.06.2019 issued by the Director, Higher Education, Government of Jharkhand, Ranchi whereby the claim of the said petitioners for pay fixation in the revised pay scale in terms with 5th Pay 1 Revision was rejected. Subsequently, in another writ petition being W.P.(S) No. 2914/2020 (Nawal Kishore Oraon Vs. The State of Jharkhand & Ors.), this Court vide order dated 10.04.2024 taking note of the fact that the same impugned order was already quashed by a Bench of this Court in W.P.(S) No. 3011/2020, directed the Director, Higher Education, Government of Jharkhand, Ranchi to extend the benefits of 5th Pay Revision to the said petitioner in the light of recommendation made by the Ranchi University and also to grant the revised pay scale as per the 6th & 7th Pay Revisions w.e.f. 01.01.2006 & 01.01.2016 respectively including the arrears accruing on account of the aforesaid revised pay scales. It is also submitted that since the petitioner's case is similarly situated to that of Nawal Kishore Oraon, she may also be given the same relief.
3. Learned counsel for the respective respondents submit that since no counter affidavit has yet been filed, the factual claim made by the petitioner in the present writ petition is required to be examined by the competent authority.
4. Having heard learned counsel for the parties and considering that no order in this regard has yet been passed by the respondent No.2 on the recommendation of the Ranchi University dated 17.09.2009, the said respondent is directed to take up the petitioner's matter and after considering the relevant records, to take an appropriate informed decision within six weeks from the date of receipt/production of a copy of this order. If the respondent No.2 finds that the case of Nawal Kishore Oraon (the petitioner of W.P.(S) No. 2914/2020) is similar to that of the petitioner's husband-Late Chhedi Bhagat, the same benefits shall be extended to the petitioner.
5. The present writ petition is accordingly disposed of with the aforesaid observation and direction.
Satish/- (RAJESH SHANKAR, J)
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