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2013 DIGILAW 1135 (JHR)

Rita Mukherjee v. State of Jharkhand

2013-10-03

APARESH KUMAR SINGH

body2013
ORDER Counsel for the petitioners prays for and is allowed to correct description of respondent no. 2 during course of the day, in red ink. Heard counsel for the parties. 2. The grievance of the petitioners relates to non-fixation of their pay scale in the 5th Pay Revision with effect from 01st January 1996. These two petitioners claim themselves to be appointed at Jamshedpur Women's College, Jamshedpur as Demonstrator in the years 1972 and 1974 respectively. According to them, they have been working continuously since then and their services have been confirmed by the Jharkhand Public Service Commission vide letter no. 328 dated 18th/19th March 2009 (Annexure-8) and also consequential notification has been issued by the Registrar, Ranchi University, Ranchi on 14th/15th October 2009 (Annexure-9). In such circumstances, Registrar, Kolhan University, Chaibasa issued a letter to the Principal, Jamshedpur Women's College, Jamshedpur to forward the pay fixation statement of the petitioner for onward approval of the Human Resources Development Department, Government of Jharkhand. 3. It is submitted that the said recommendation has been made to the Director, Higher Education, Human Resources Development Department, Government of Jharkhand (Annexure-12) on 25th January 2010 by the Registrar, Kolhan University, Chaibasa. Thereafter, the Director, Higher Education, Human Resources Development Department, Government of Jharkhand has asked the Ranchi University to furnish certain particulars in respect of the petitioners vide letter dated 30th August 2010 (Annexure-13). The Principal of the college in question has sent the necessary particulars to the Director, Higher Education Directorate, Human Resources Development Department, Government of Jharkhand vide Annexure-14 dated 29th September 2010. Thereafter, the Director, Higher Education has insisted upon furnishing of such particulars through the university vide Annexure-15 dated 29th October 2011. Copy of such communication has also been sent to the Registrar, Kolhan University, Chaibasa for the needful. In this background, petitioners have approached this Court for seeking direction upon the respondent Ranchi University for sending the necessary details relating to fixation of salary of the petitioners in 5th Pay Revision, in absence of which, petitioners are suffering because of non-fixation of their pay in appropriate pay scales. It is submitted that the one of the petitioners is said to have retired in the meantime. 4. It is submitted that the one of the petitioners is said to have retired in the meantime. 4. Counsel for the Ranchi University and Kolhan University both submit that the college in question in which petitioners are working, now falls within the jurisdiction of Kolhan University which has been created in the year 2009 itself. 5. In these background, counsel for the petitioners submits that Registrar of both Universities may be directed to furnish necessary details in respect of the petitioners, as before 2009, the said college was falling under the Ranchi University which may be having necessary details and documents in relation to service of the petitioners as well. 6. Having heard counsel for the parties and without getting into the merits of the claim of the petitioners, the writ petition is disposed of by allowing the petitioners to approach the Respondent No. 5 - The Registrar, Ranchi University, Ranchi and Respondent No. 6 - The Registrar, Kolhan University, Chaibasa with a fresh representation duly forwarded by the Principal of Jamshedpur Women's College, Jamshedpur for redressal of their aforesaid grievances, together with all supporting facts and documents. On receipt of such representation, Respondent Nos. 5 and 6 shall scrutinize the claim of the petitioners and make necessary recommendation, in accordance with law, to the Respondent No. 2 - Director, Higher Education, Human Resources Development Department, Government of Jharkhand for taking an appropriate decision in the matter of fixation of salary of the petitioners in an appropriate pay scale. Let such an exercise be completed within a period of twelve weeks from the date of receipt of such representation. On receipt of such requisition/recommendation from the Registrar of the concerned universities, the Respondent No. 2 shall take a decision in respect of the aforesaid claim of the petitioners, within a period of ten weeks thereafter, in accordance with law. Needless to say, if the claim of the petitioners in respect of grant of such pay scale is found legally admissible, funds be released in favour of the Kolhan University, Chaibasa for disbursement in favour of the petitioners, if not already disbursed, within the aforesaid period. The writ petition is therefore disposed of in the aforesaid manner. Petitioner disposed of.