Mary Hembrum, W/o John Lukus v. State of Jharkhand
2017-04-03
SHREE CHANDRASHEKHAR
body2017
DigiLaw.ai
Initial prayer of the petitioners was for regularisation of their services and for payment of salary from July, 2004 onwards, as well as, arrears of salary for 1994-1996. 2. After Notification dated 20.05.2009 was issued by the respondent-Ranchi University, whereunder the petitioners have been regularised on different Grade-IV posts, prayer for regularization stands satisfied. Insofar as payment of arrears of salary for 1994-1996 is concerned, the petitioners have asserted that, "till the mid of 1994 they were paid salary". The petitioners, who themselves do not know the date and month in the year, 1994 after which they were not paid salary, on this kind of a bald statement in the writ petition, cannot seek a direction for payment of arrears of salary. A fact, for which the records of 1994 are required to be examined, which may not be available at this point in time for the reason that the petitioners were working on daily wages, cannot be decided conclusively in a writ proceeding. The claim for payment of salary from July, 2004 has been specifically denied by the respondents in paragraph no.22 of the counter-affidavit by pleading that the petitioners were paid all admissible dues till June, 2006. 3. Now, after the main prayer for regularization was acceded by the respondents, the petitioners have filed an application for amendment vide I.A. No. 2857 of 2012 for incorporating the following prayer in the writ petition: (i) Since the petitioners have been regularized and confirmed vide Annexure-12, so they are entitled to get the salary as per the 6th Pay Revision, which is applicable with regard to others case, who are teaching and non teaching staff of the Ranchi University. (ii) The petitioners further prays that the salary for the periods 1994-96, which was not at all paid, may be released to the petitioners as they have worked throughout to the satisfaction of the respondents and there is no service break nor any proceeding has ever been initiated. 4. One of the prayers is for payment of salary for 1994-1996 which has already been declined. Another prayer is for payment of salary in 6th Pay Revision. If it is admitted by the respondent-University that extending the benefits of Pay Revision it has issued a notification in consonance with the notification of the State Government, needless to reiterate that the petitioners shall also get the said benefits. 5.
Another prayer is for payment of salary in 6th Pay Revision. If it is admitted by the respondent-University that extending the benefits of Pay Revision it has issued a notification in consonance with the notification of the State Government, needless to reiterate that the petitioners shall also get the said benefits. 5. The writ petition stands partly allowed, in the aforesaid terms.