Dismissed

Dr.Sheo Prasanna Singh v. State of Jharkhand And Ors.

Jharkhand HC5 Feb 2015WPC/5631/2011

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding the fixation of the petitioner's pay scale and release of salary arrears. The Court directed the Registrar to calculate the amount within three weeks and the Director, Higher Education, to ensure fund release within four weeks of receiving the calculation.

What did the court decide?

Liberty granted to petitioner to represent to Registrar for calculation of arrears; Registrar directed to send calculation to Director within 3 weeks; Director directed to release funds within 4 weeks

Dr.Sheo Prasanna Singh Vs State of… — Pension and Retirement Benefits | Jharkhand HC (2015)

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THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) 5631 of 2011

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Dr. Sheo Prasanna Singh,University Professor, University Department of Political Science, Ranchi University, S/o late Sakaldeep Singh, R/o 19/7, Ranchi University Colony, Bariatu PO and PS Bariatu, Ranchi

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............ Petitioner Vs.

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State of Jharkhand

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The Principal Secretary, Department of Human

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Resource, Government of Jharkhand,

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H.E.C. Campus, Dhurwa, Ranchi

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Director, Higher Education, Department of Human Resource, Government of Jharkhand, H.E.C. Campus, Dhurwa, Ranchi

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Ranchi University, Ranchi

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The Vice-Chancellor, Ranchi University,Ranchi

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The Registrar, Ranchi University,Ranchi …........ Respondents

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----------- CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD ---------For the petitioner :Mr. Fayyaz Ahmad, Advocate For the respondents :J.C. to AAG

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04/Dated: 5th February, 2015

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Instant writ petition has been filed on behalf of petitioner for quashing letter dated 23.2.2011 by which the pay scale of the petitioner has wrongly been fixed.

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Grievance of the petitioner is that pay scale of the petitioner is to be fixed on the basis of his initial date of appointment i.e. 1.11.1976 but it has been fixed from 1.1.1981 and due to subsequent development an Interlocutory Application bearing no. 5758 of 2014 has also been filed on behalf of petitioner wherein a decision has been taken by the Director, Higher Education, Department of Human Resources dated 20.12.2013 as contained in letter no. 5/c-3-10/2013/2017 annexed as Annexure 33 to the writ petition by which the decision has been taken by the competent authority on the basis of the direction passed by this Court in Letters Patent appeal no. 583 of 2009 that petitioner is entitled for benefit of promotion from the date of his initial appointment and accordingly his pay scale also be fixed on the basis of the recommendation of 6^th Pay Revision Committee.

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Counsel appearing on behalf of petitioner also annexed a chart giving therein the description of the pay scale which has been fixed on the basis of recommendation of 5^th Pay Revision Committee with effect from 1.1.1996 and on the basis of recommendation of 6^th Pay Revision Committee with effect from 1.1.2006 i.e. in the pay scale of Rs. 16,850/-

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and 22,400/- respectively.

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Accordingly, a notification has been issued by the Registrar , Ranchi University on 11.01.2014 by which the case of the petitioner for fixation of his pay scale has been decided to be determined on the basis of the date of joining as such, provisional pay scale has been modified. Thereafter, the petitioner made a representation before the Registrar , Ranchi University on 14.8.2013 for releasing the same. In the said representation petitioner has annexed the details of calculation of salary for which according to petitioner is entitled. Now, the petitioner has submitted that the direction may be issued to the respondent to release the arrears of salary which has not been released in spite of representation.

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Counsel appearing on behalf of respondent Ranchi University has submitted that since the decision has already been taken determining the claim of the petitioner hence, the further decision shall be taken relating to release of the monetary benefits within specified period.

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Instant writ petition is disposed of giving liberty to the petitioner to make representation along with supporting documents before the respondent no.6 i.e Registrar, Ranchi University within three weeks from the date of receipt of copy of this order and the respondent no.6 will calculate the said amount and forward the same before the Director, Higher Education,Ranchi for onward action i.e. for release of adequate fund. The Director, Higher Education shall take a decision and do needful within four weeks' thereafter and forward the same before the Ranchi University for releasing monetary benefits in favour of the petitioner .However, if any claim of the petitioner is found to be disputed by the respondents the reason shall be communicated to the petitioner within stipulated period.

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Writ petition stands disposed of.

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Consequent to disposal of main writ petition both interlocutory application i.e. I.A. no. 5788 of 2014 and I.A. no. 3535 of 2013 stand disposed of.

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(Sujit Narayan Prasad, J.)

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Nibha

Dr.Sheo Prasanna Singh v. State of Jharkhand And Ors.

Case brief

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Dr.Sheo Prasanna Singh v. State of Jharkhand And Ors.

Case brief

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