Disposed

Sadanand Singh and Ors. v. Human Resources Department

Jharkhand HC10 Mar 2015WPC/4579/2014

Case brief

AI extract

What is this about?

The High Court of Jharkhand dealt with a writ petition seeking correction of petitioners' pay-scale and disposal of pending representation. Directing petitioners to file fresh representation, the court ordered authorities to decide it within six weeks and grant admissible dues if eligible.

What did the court decide?

Petitioners directed to file fresh representation; authorities to dispose within six weeks and pay dues within twelve weeks if eligible.

Sadanand Singh and Ors. Vs Human Resources Department — Service and Employment | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 4579 of 2014

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1.Sadanand Singh s/o Madareshwar Prasad Singh r/o Prof. Colony Bilasi Town, PO & PS Deoghar,

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District Deoghar

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2.Amarendra Kr. Singh s/o Lakshman Prasad Singh r/o Binod Rai Kothi, William Town, Deoghar,

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PO & PS Deoghar, District Deoghar

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3.Hiralal Jha S/o Late Babu Raj Jha R/o C.N.Jajware Path, in front of Samrat Hotel, PO & PS Deoghar, District Deoghar

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4.Premnath Jha s/o Late Chandra Nath Jha R/o Loharbari, S.B.Ray Road, PO & PS Deoghar, District Deoghar 5.Dilip Kr. Dey S/o Giri Shankar Dey R/o Mina Bazar, Madhupur, PO & PS Madhupur, District Deoghar

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6.Munnu Lal Verma S/o Late Chotey Lal Verma R/o Bawa Bigha, Madhupur, PO & PS Madhupur,

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District Deoghar

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7.Ashok Kr. Choudhary S/o Late Prof Rupnayaran Choudhary Bilasi Town, PO & PS Deoghar, District Deoghar

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… … Petitioners

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Versus

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1.The State of Jharkhand through the Principal Secretary Govt. of Jharkhand having its office at Project building, PO & PS Dhurwa, Dist. Ranchi

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2.Director, Human Resource Department, Govt. of Jharkhand having its office at Project building, Dhurwa,

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PO & PS Dhurwa, District Ranchi

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3.Vice-Chancellor, Sidho Kanu Murmu University,

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having its office at Dumka, PO & PS Dumka, District Dumka

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4.Registrar, Sidho Kanu Murmu University having its office at Dumka, PO & PS Dumka, District Dumka

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… … Respondents

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioners : Mr. Shresth Gautam, Advocate For the Respondent Nos. 1 & 2: Mrs. Rakhi Rani, JC to Sr.S.C. II For the Respondent Nos. 3 & 4: Mr. Sohail Anwar, Senior Advocate

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2/10.03.2015 Heard Mr. Shresth Gautam, learned counsel for the petitioners, learned J.C. to Sr. S. C. II appearing for the respondent nos. 1 & 2 and Mr. Sohail Anwar, learned senior counsel for the respondent nos. 3 & 4.

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In this application, the prayer of the petitioner is to remove the anomaly in the pay-scale of the petitioner as also to grant a pay-scale of 5500-9000 since according to the petitioners they fulfill the eligibility

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criteria required under the rules for grant of such pay scale. It has further been prayed that the representation which has been submitted by the petitioners before the concerned authorities be disposed of.

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The learned counsel for the petitioner submits that the petitioners are at present working in different colleges having various designations. It has been submitted that the employees who were juniors to the petitioners, their pay-scales were fixed at 5500-9000 and 6500-10500, whereas the petitioners are languishing in a lower scale of pay and accordingly it has been submitted that the pay-scale of the petitioner should have been fixed above the pay-scale which have been fixed for the juniors. It has also been submitted by the learned counsel for the petitioner that a Review Committee has been formed for regularising the anomaly in the pay-scale of the university/college employees and the petitioners have made a detailed representation dated 17.08.2010 before the said Review Committee which is still pending.

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The learned senior counsel for the respondent nos. 3 & 4 submits that since the representation itself is before the State authorities, the respondent nos. 3 & 4 does not have any say in the redressal of the representation.

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The learned counsel for the State – respondent nos. 1 & 2 has submitted that since the representation has not yet been disposed of, an appropriate direction may be issued to the concerned authorities for disposal of the same.

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After hearing the learned counsel for the parties and after going through the records, I find that for redressal of the grievances of the petitioner, representation has already been preferred by them which according to the learned counsel for the petitioner is still pending. Before entering into the merits of the case, it would be desirable that at the first instance, the representation filed by the petitioners are disposed of.

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Accordingly, the petitioners are directed to file a fresh representation before the Joint Secretary cum Co-ordinator of Human Resources Development Department (Higher Secondary – Review Committee) within a period of three weeks from today and if such representation is filed, the Joint Secretary cum Co-ordinator of Human Resources Development Department (Higher Secondary – Review

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Committee), Jharkhand, Ranchi shall dispose of the same within a period of 6 weeks thereafter. If the prayer of the petitioners are found to be genuine, in such circumstances, the legally payable and admissible dues be paid to the petitioners within a period of 12 weeks from the date of disposal of the representation by the authority mentioned hereinabove.

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This writ application is disposed of in terms of what has been stated above.

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(Rongon Mukhopadhyay, J)

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R. Shekhar Cp 2

Sadanand Singh and Ors. v. Human Resources Department

Case brief

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Sadanand Singh and Ors. v. Human Resources Department

Case brief

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