Arun Kumar Jana v. State of Jharkhand through its Principal Secretary, Higher & Technical Education Department, Ranchi
2019-10-24
S.N.PATHAK
body2019
DigiLaw.ai
JUDGMENT : Heard the parties. 2. Petitioner has approached this Court with a prayer for direction upon the respondents to fix the pension of the petitioner on revised pay-scale under the 5th and 6th Pay Revision w.e.f. 01.01.1996 & 01.01.2006 respectively and also to release the arrears of salary with statutory interest. Further prayer has been made for a direction upon the respondents to fix the pension of the petitioner in revised scale under 6th pay revision and also release all the retiral dues under 6th pay revision, with statutory interest. 3. At the very outset, it has been submitted by Mr. Rajesh Kumar, learned counsel appearing for the petitioner that similar issue fell for consideration before this Hon’ble Court in Ratni Oraon and Ors. Vs. State of Jharkhand (W.P.S. No. 7818 of 2012) and further in case of W.P.(S). No. 1047 of 2017 (Sundar Tiu & Ors. Vs. State of Jharkhand & Ors.), in which, after giving ample opportunity of hearing to the counsel for the parties, this Hon’ble Court disposed of the said writ petition on 23.08.2018, with the following observations:- “Be that as it may, from perusal of the records it transpires that the respondent-University has already recommended the case of the petitioners for extending the benefits under the 5th and 6th Pay Revision but no decision has been taken by the respondents-State. If the documents have not reached to the office of the Director, Higher Education they are hereby directed to call for records of the petitioners and pass a reasoned order for consideration of their cases for grant of benefits under 5th and 6th Pay Revision. Let the entire exercise be completed within a period of three months from the date of receipt/production of a copy of this order. Needless to say if petitioners are found entitled for the benefits under the 5th and 6th Pay Revision, the same shall be extended to them within a further period of one month.” 4. Learned counsel for the petitioner further submits that in case of Ratni Oraon and Ors. Vs.
Needless to say if petitioners are found entitled for the benefits under the 5th and 6th Pay Revision, the same shall be extended to them within a further period of one month.” 4. Learned counsel for the petitioner further submits that in case of Ratni Oraon and Ors. Vs. State of Jharkhand (W.P.S. No. 7818 of 2012), the entire benefits have been extended to the petitioners of that case but in case of present petitioner, till date he has been discriminated from the said benefits and as such, a direction be given to the respondents to consider the case of the present petitioner also in view of the fact that similarly situated co-employees, Ratni Oraon and Ors., have already been extended the benefits of 5th and 6th Pay Revision. 5. On the other hand, learned counsel appearing for the respondents submits that they have no objection to the prayer made by the learned counsel for the petitioner. 6. Be that as it may, having gone through the submissions of the parties and upon perusal of the records of the case, this Court is of the considered opinion that the issue involved in this case is no more res-integra and the same has already been decided by this Court in case of Ratni Oraon (supra) and Sundar Tiu & Ors. (supra). Further, it transpires that the College has already recommended the case of the present petitioner to the University but nothing has been brought on record by the University, as to whether the University has recommended the same to the State or not. In such circumstances, I hereby direct the University to look into the matter and if till date the University has not recommended the case of the petitioner before the State, the recommendation shall be made within a period of four weeks from the date of receipt/ production of a copy of this Order and further, the respondent-State is directed to release the funds to the College for making payment of the admitted dues to the present petitioner, within four weeks thereafter, taking into consideration the case of Ratni Oraon (supra), in which payments has already been made to the petitioners of that case. 7.
7. Needless to say that if the University has already recommended the case of the present petitioner before the respondent- State, the respondent-State is directed to consider the same and pass a reasoned order, in accordance with law, extending the benefits of 5th and 6th Pay Revision to the present petitioner, within a period of four weeks from the date of receipt/ production of a copy of this order. 8. As a sequel to the aforesaid observations and directions, the instant writ petition stands disposed of.