Disposed

Shailendra Kumar v. The State Of Jharkhand And Ors.

Jharkhand HC3 Feb 2015WPC/102/2014

Case brief

AI extract

What is this about?

The petitioner sought merger scale and fixed salary benefits based on eligibility notified in 2012. The authority admitting his grievance directed the Registrar to examine files, grant appropriate decisions within four weeks, and release arrears if entitled.

What did the court decide?

Petitioner granted liberty to raise grievances with documents within three weeks; Respondent-3 directed to decide within four weeks and release arrears if eligible.

Shailendra Kumar Vs The State Of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 102 of 2014

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Shailendra Kumar, Son of late Sarju Prasad, resident of Qr. No. 8/11, University Colony, PO+ PS Bariyatu, Dist. Ranchi …… Petitioner

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Versus

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The State of Jharkhand

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Vice Chancellor, Ranchi University, Ranchi, Office at Ranchi University Campus, Shahid Chowk, PO- GPO P.S Kotwali, Dist. Ranchi

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Registrar, Ranchi University, Ranchi, Office at Ranchi University Campus, Shahid Chowk, PO- GPO P.S Kotwali, Dist. Ranchi

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Principal, Ranchi University, Ranchi, Office at Ranchi University Campus, Shahid Chowk, PO- GPO P.S Kotwali, Dist. Ranchi

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……Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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---------

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For the Petitioner : Mr. Suraj Kumar, Adv. For the University : M/s Anoop Kumar Mehta & Amit Kumar Sinha, Advocates For the Respondents : J.C. to G.P. I

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04/Dated: 3^rd February, 2015

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The petitioner has approached this Court for grant of merger scale in terms of the order as contained in memo dated 09.08.2011 and also fixing salary on the basis of 5^th and 6^th Pay Revision with effect from 01.01.1996 and 01.01.2006 respectively.

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The grievance of the petitioner is that he was appointed as Clerk on 10.06.1993 and working against sanctioned post in Class-III service in Ranchi College, Ranchi. The petitioner was appointed against the sanctioned post on the basis of list prepared by Ranchi College, Ranchi where the name of the petitioner appears at serial no. 36. The petitioner was Graduate and passed his graduation from Ranchi University, Ranchi in the year 1992. In terms of notification issued on 19.12.1997, it has been notified that 3^rd grade employee holding the qualification of graduation at the time of initial appointment will get their salary on enhance pay scale/Merger scale.

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The further submission has been made that the petitioner that he since been appointed in the year 1993 possessing requisite qualification but he has not given the benefit of merger scale, although decision has been taken by the Registrar, Ranchi University, Ranchi on 09.08.2011, by which all the principals of constituent college were requested to furnish the detail after examining the record and forward the names of the all the eligible employees enclosing all the relevant documents. On the basis of direction dated 09.08.2011 notification has been issued by the Registrar, Ranchi University, Ranchi on 04.01.2012 whereby

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-2-

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and whereunder, the petitioner was also found eligible for merger scale to gradeIII, he was found fit to be benefited of merger scale with immediate effect and his name was appeared at serial no. 4.

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Although writ petition was filed on 07.01.2014 but no counter affidavit has been filed as yet.

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Counsel for the respondents fairly submitted that the grievance of the petitioner will be looked into in accordance with law within a specified period.

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In that view of the matter, writ petition is disposed of giving liberty to petitioner to approach before respondent no. 3 raising all his grievances along with all supporting documents within three weeks from the date receipt of copy of this order. The concerned respondent shall take appropriate decision in this regard during further period of four weeks from the date of representation. Respondent no. 3 is further directed to release the arrears of monetary benefit if any to the petitioner if he is found entitled for the same within the aforesaid period.

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If the claim of the petitioner will be disputed the same shall be communicated by passing speaking order.

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(Sujit Narayan Prasad, J.)

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Tarun

Shailendra Kumar v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Shailendra Kumar v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

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