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2018 DIGILAW 2300 (JHR)

Indira Rai v. Ranchi University, Ranchi

2018-10-22

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. - In the accompanied writ application, the petitioner has sought for direction upon the respondents to fix and pay salary to the petitioner in the revised U.G.C scale of University Professor in the scale of Rs. 16,400- 22,400/- with effect from 01.01.1996 along with all arrears and scale till the date of her retirement i.e. 31.10.2007 other allowance. Further, prayer has been made for fixation of the monthly pension, gratuity, leave encashment and other post retiral benefits on the basis of the revised U.G.C scale of University Professor in the scale of Rs. 16,400-22,400/- along with arrears and interest at the rate of 10% per annum. 2. A counter affidavit has been filed on behalf of respondent nos.1 and 2, wherein it has been submitted that Ranchi University has taken steps for fixation of the pay of the petitioner on the post of University Professor in the th as well as 6th UGC revised pay scale. Now the provisional pay fixation made shall be placed before the Committee of the University for approval and after obtaining approval of the committee, the same shall be forwarded to the HRD Department for final decision as evident from provisional pay fixation statement annexed as Annexure-A to the counter affidavit. 3. A counter affidavit has also been filed by the respondent nos.3 and 4, wherein it has been submitted that the pay fixation of the petitioner in the revised UGC SCALE of University Professor in the scale of Rs. 16,400- 22,400/- with effect from 01.01.1996 has been approved by the Directorate of Higher Education, Government of Jharkhand vide letter no.21 dated 09.01.2018 as per Annexure-A to the said affidavit. Further, it has been submitted that after approval of the pay fixation of the petitioner, the Ranchi University, Ranchi may calculate the arrears and post retiral benefits. 4. Learned counsel for the petitioner submits that in view of the categorical affidavit filed by the State Government, the respondent nos.1 and 2-University is required to take necessary steps for proper calculation of the arrears and post-retirement benefits so that necessary requisition be sent to the Government for disbursement of the lawful entitlements of the petitioner. 5. Learned counsel for the University on the other hand submits that if a reasonable period of time is granted to the respondent-University, necessary steps shall be taken by the University in that regard. 6. 5. Learned counsel for the University on the other hand submits that if a reasonable period of time is granted to the respondent-University, necessary steps shall be taken by the University in that regard. 6. After hearing learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the University, the writ petition is disposed of with direction to the respondent nos.1 and 2 to take appropriate steps for calculation of the arrears, fixation of pension and other postretirement benefits so that necessary requisition can be placed before the State Government for disbursement of the admissible monetary benefits. The above exercise be completed within a period of 12 weeks by the University. On receipt of the necessary requisition from the University, State Government shall allocate the fund for payment to the petitioner as per the requisition within a period of 8 weeks thereafter. 7. With the aforesaid direction, the writ petition stands disposed of.