Navangibhut Mahavidyalaya Shiskchak And Shikshaketan Karamchari Sangharsh Morcha v. State Of Jharkhand
2002-05-08
SUDHANSU JYOTI MUKHOPADHAYA
body2002
DigiLaw.ai
ORDER S.J. Mukhopadhaya, J. 1. I.A. No. 688 of 2002 has been filed on behalf of Ashok Kumar Sharing, petitioner No. 2 for direction on the respondents to pay salary at least from the date of filing of the writ petition including the current salary. 2. The counsel appearing on behalf of the Ranchi University submitted that the petitioners have been reinstated and it is made clear that their salary will be paid if fund is released by the State in their individual name. 3. According to the counsel for the State, no individual requisition has been made by the University in the name of one or other petitioner to determine the amount as is due to one or other petitioner. 4. It is not in dispute that the petitioners are teaching and non-teaching employees of live colleges, namely, P.P.K. College, Bundu Mandar College, Mandar Abdul Bari Memorial College, Jamshedpur, Karamchand Bhagat College, Bero and B.N. Jalan College, Sisai. 5. Those colleges were made constituent at the fourth stage. In respect to some teaching and non-teaching employees, the matter moved upto Supreme Court and the Supreme Court in Civil Appeal No. 6098/97, passed interim order on 12th October, 2001 and observed that during the pendency of the appeal the concerned teachers and other employees who may be affected by the legitimate outcome of the proceedings before the Supreme Court will get full salary along with admissible allowances and other benefits subject to any other order made by the Supreme Court. 6. In the peculiar feature of the said case, the Supreme Court has ordered an enquiry to be held by Honble Mr. Justice S.C. Agrawal (retired Judge of Supreme court) before whom the enquiry is pending. 7. In the circumstances, the case is remitted to the respondents to act as per the interim order of the Supreme Court dated 12th October, 2001 passed in Civil Appeal No. 6098/97. If one or other petitioner is working in any of the aforesaid College, the University will make individual requisition from the State in respect to such petitioner(s) within four weeks from the date of receipt/production of a copy of this order. 8. The respondent State of Jharkhand after necessary verification will release the current salary within four weeks from the date of receipt of requisition and arrears, if any, within three months from the date of receipt of such requisition. 9.
8. The respondent State of Jharkhand after necessary verification will release the current salary within four weeks from the date of receipt of requisition and arrears, if any, within three months from the date of receipt of such requisition. 9. In case of any adverse decision, the University/State Government will communicate the ground to such petitioner within the period aforesaid. 10. The writ petition and I.A. No. 688 of 2002 both stand disposed.