Disposed

Dr. Shradha Nand Singh And 10 Ot v. Vinoba Bhave University And2 Ors.

Jharkhand HC16 Jun 2016WPC/1139/2007

Case brief

AI extract

What is this about?

Petitioner senior principals approached High Court for senior principal pay scale. Court noted University approval but fund withholding by State. Directed State to release funds within six weeks for immediate disbursement. Directed other petitioners to prove service eligibility separately. Disposed of writ applying to Constitution.

What did the court decide?

Directed State to release funds within six weeks for pay scale disbursement to petitioners; directed other petitioners to file representation for verification before payment.

Dr. Shradha Nand Singh And 10 Ot Vs Vinoba Bhave… — Service and Employment | Jharkhand HC (2016)

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In the High Court of Jharkhand at Ranchi

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W.P.(S) No.1139 of 2007

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Dr. Shradha Nand Singh, son of Late Rambriksh Singh, Principal, Katras College, Katras, P.O.Katras Bazar, P.S.Katrasgarh, Dist-Dhanbad 2. Dr. Umesh Chandra Mehta, son of Sri Manmohan Mahto, Principal Giidih College, Giridih P.O, P.S.& Dist-Giridih 3. Dr. Deepak Kumar Verma, son of Late Umeshwar Prasad Verma, Principal, R.s.P. College, Jharia, P.O, P.S. & Dist- Dhanbad 4. Smt. Rekha Rani, wife of Dr. Chandreshwar Prasad, Principal, Markham College of Commerce, Hazaribagh, P.O, P.S. & Dist-Hazaribagh 5. Dr.(Miss) Kiran Singh, daughter of Late Ramdhani Singh, Principal, S.S.L.N.T. College, Dhanbad, P.O, P.S. and Dist – Dhanbad 6. Dr. Ram Narayan Singh Yadav, son of Late Ramswaroop Singh, Principal, B.S.City College, Bokaro, P.O. & P.S. Bokaro City, Dist-Bokaro 7. Dr. Ali Imam Khan, son of Late Ghulam Mustafa Khan, Principal, P.K.Roy Memorial College, Dhanbad, P.O, P.S and Dist-Dhanbad 8. Dr. B.N.Rajwar, son of Late Ruplal Rajwar, Principal, K.B.College, Bermo, P.O. & P.S.Berma, Dist-Bokaro 9. Dr. Satyendra Kumar Sharma, son of Late Janki Sharma, Principal, B.S.K. College, Maithan, P.O. & P.S.Maithan Dist-Dhanbad 10.Dr.D.K.Mandal, son of Late Parmeshwar Mandal, Principal, Jagannath Jain College, Jhumri Telaiya, P.O., P.S. and Dist-Koderma 11. Dr. Purnendu Shekhar, son of Late Bhagwan Prasad, Principal Guru Nanak College, Dhanbad, P.O, P.S. & Dist-Dhanbad………..Petitioners

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V E R S U S

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Vinoba Bhave University, a University incorporated under Section 3 of the Jharkhand State Universities Act, 2000, having its Headquarter at Hazaribagh . P.O, P.S. and Dist-Hazaribagh through its Registrar Vice Chancellor, Vinoba Bhave University, Hazaribag, P.O. P.S. and Dist – Hazaribaghh 3. Registrar, Vinoa Bhave University, Hazaribagh, P.O, P.S. and Dist- Hazaribagh………………………………………………….Respondents

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CORAM : HON’BLE MR. Justice Ananda Sen

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For the Petitioners 1 to 9: M/s.Anoop Kumar Mehta and Nikhil Ranjan For the State : Mr.Rakesh Kumar Shahi, J.C. to AAG (Mr.H.K.Mehta) For the University : Mrs. Indrani Sen Choudhary,

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06/ 16.6.16. Learned counsel appearing for the petitioners is permitted to

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implead the State of Jharkhand through its Director, Higher and Technical Education Department, Government of Jharkhand, Ranchi as party respondent no.4 in this writ application.

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Mr.Rakesh Kumar Shahi, J.C to AAG (Mr.H.K.Mehta) is present in the Court and has taken note of all the arguments made by counsel for the petitioners and Vinoba Bhave University.

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With the consent of all the parties, this writ application is disposed of today at this stage.

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From the record, it appears that petitioners no.1 to 9 were appointed as Principals in different Constituent Colleges in the Vinoba Bhave University. Their services as Principals of the Constituent College were also confirmed by the Vinoba Bhave University with effect from the respective dates mentioned in Annexure 4. From perusal of Annexure 4, it is clear that these nine petitioners have already completed atleast for ten years of service as Principal on substantive basis.

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That being the fact, which is not denied by the University, the aforesaid petitioners no.1 to 9 are entitled to get benefit of the pay scale in terms with the Statute for granting professor’s pay scale to Sr. Principals as approved by the Chancellor, vide letter no.BSU-44/87/1215/GS (I) dated 21.4.1987.

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From the pleadings of the petitioners and also from the counter affidavit of the Vinoba Bhave University, it is quite clear that these petitioners are now Senior Principals and the University has already approved their claims and has forwarded the same to the State Government and sought release of necessary fund. It is stated that Syndicate of the University in its meeting dated 19.3.2007 has resolved that Senior Principals should get the University Professor’s scale but the salary of the University Professor is withheld as the State has not released the fund to the University.

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Counsel for the State submits that the matter will be looked into and the fund will be released at the earliest.

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In view of the submission made by the State, I direct the newly added respondent no.4 to look into the matter and after proper verification, disburse the necessary amount to the Vinoba Bhave University within a period of six weeks from the date of receipt of a copy of this order. Once the amount is disbursed to the Vinoba Bhave University, Vinoba Bhave University will take all steps so that respective amount in respective of each of the petitioners 1 to 9 be disbursed to them within a period of three weeks thereafter.

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So far the petitioners no.10 and 11 are concerned, there is no record to show whether they have completed ten years of continuous service as Principal and is entitled to get the benefit of pay scale of Senior Principal as per statute. An opportunity is given to the aforesaid petitioners to approach the Vinoba Bhave University by filing a detailed representation claiming pay scale of Senior Principal annexing all the necessary documents in their support. The University will scrutinize their claims and if their claims are genuine, will recommend their case to the State Government, who, in turn, will look into the matter and disburse the necessary amount to the University for making payment to the petitioners no.10 and 11.

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With the aforesaid direction/observation, this writ application stands disposed of.

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( Ananda Sen, J.)

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ND/

Dr. Shradha Nand Singh And 10 Ot v. Vinoba Bhave University And2 Ors.

Case brief

What is this about?

What did the court decide?

Dr. Shradha Nand Singh And 10 Ot v. Vinoba Bhave University And2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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