Disposed

Dr Birendra Kumar v. Human Resources Department

Jharkhand HC3 Oct 2018WPC/1528/2017

Case brief

AI extract

What is this about?

The High Court referred the petitioner's claims regarding pay fixation, date of appointment, and promotion to a Committee constituted under a prior writ petition and directed the petitioner to approach the Committee for redressal within the stipulated timelines.

What did the court decide?

Matter referred to a Committee for consideration; petitioner directed to approach the Committee with a representation for redressal.

Dr Birendra Kumar Vs Human Resources… — Pension and Retirement Benefits | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 1528 of 2017

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………

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Dr. Birendra Kumar …. Petitioner

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Versus

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State of Jharkhand through Secretary, Human Resources Development Department, Govt. of Jharkhand, Ranchi.

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The Director, Higher Education, Department of H.R.D., Govt. of Jharkhand, Ranchi.

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Vinoba Bhave University, Hazaribagh through its Vice Chancellor.

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The Registrar, Vinoba Bhave University, Hazaribagh.

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The Principal, P.K. Roy Memorial College, Dhanbad.

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…. Respondents

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CORAM: HON'BLE MR. JUSTICE DR. S.N. PATHAK

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For the Petitioner : Mr. Prabhash Kumar, Advocate For the Respondents : Mr. Vishal Kumar Rai, AC to SC-IV

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04 / Dated 3^rd October, 2018

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The petitioner has approached this Hon'ble Court with the following prayers:-

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(I) For a direction upon the respondents concerned to fix the petitioner’s pay as per UGC pay-scale and treating his initial date of appointment and entry in the service and joining of service as on 05.01.1979 as Lecturer in Chemistry at R.S.P. College, Jharia instead of date of joining in service as on 07.01.1982 and his pay should be fixed in the appropriate pay-scale of Rs.12000-420-18300 as on 01.01.1996 and thereafter, annual increments may be fixed in his basic pay scale and subsequently after such fixation of pay, the respondents may be directed to pay all arrear/ difference of salary and interest @ 10% p.a. for all such admitted dues.

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(II) For a direction upon the respondents to rectify the date of appointment of the petitioner as 05.01.1979 and also for rectification of pay fixed upon the promotion to post of Reader.

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(III) For a direction upon the respondents to consider the case of the petitioner for promotion to the post of University Professor under Merit Promotion Scheme with retrospective effect and to grant promotion to the post of Professor in Chemistry w.e.f. 05.01.1996 i.e. after completion of 16 years of service from the date initial appointment as Lecturer w.e.f. 05.01.1976, since the petitioner’s case has been recommended in the Screening Committee’s meeting dated 30.01.1996 and pursuant thereto, other Readers, namely, Dr.

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K.K. Srivastava and Dr. Jagan Jha have already been promoted to the post of Professor but the petitioner’s case has been discriminated. (IV) After grant of promotion to the post of Professor in Chemistry, the respondents may be directed to fix the pay-scale of petitioner in appropriate pay-scale and to make payment of difference/ arrear of salary and to grant all consequential benefits.

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A Committee has already been constituted by order of this Court in the case of “Dukhu Ram Kuiry Vs. State of Jharkhand and others” passed in W.P.(S) No. 3375/2016 on 01.05.2017 for consideration of claim of promotion of University Professors etc. and several matters have been referred before the said Committee.

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In the circumstances, this matter is also being referred before the said Committee for consideration of claim of petitioner. Petitioner, if so advised, may approach before the Committee annexing copy of the writ petition for redressal of his grievance. If such a representation is filed by the petitioner, the Committee shall consider claim of the petitioner and pass appropriate order as expeditiously as possible, preferably within a period of four months from the date of such representation. It is made clear if petitioner is found fit for promotion and his claims are found to be genuine, appropriate orders be passed extending him the benefits within a period of six weeks thereafter.

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With the aforesaid observation and direction, this writ petition stands disposed of.

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(Dr. S.N. Pathak, J.)

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kunal/-

Dr Birendra Kumar v. Human Resources Department

Case brief

What is this about?

What did the court decide?

Dr Birendra Kumar v. Human Resources Department

Case brief

What is this about?

What did the court decide?

What the court decided

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