Disposed

Dr Subhash Chandra v. the State of Jharkhand through Secretary Health Medical Education and Family Welfare Deptt

Jharkhand HC6 Feb 2020WPC/144/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand directed the respondents to consider pending representations by two doctors seeking re-designation from Reader to Associate Professor and enhanced pay scale per a 2019 gazette notification. The court mandated a decision within four weeks and benefits extension within two weeks if favorable.

What did the court decide?

A direction was issued to the respondents to consider pending representations on pay scale and re-designation within four weeks and extend benefits if approved within two weeks.

Dr Subhash Chandra Vs the State of Jharkhand… — Service and Employment | Jharkhand HC (2020)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P. (S) No. 144 of 2020

¶3

Dr. Subhash Chandra.

¶4

Dr. Ajoy Kumar Shahi.

¶5

… …Petitioners

¶6

-Versus-

¶7

The State of Jharkhand through Secretary, Health Medical Education & Family Welfare Department having its office at Nepal House, P.O. P.S. Doranda, Dist. Ranchi.

¶8

The Director, Rajendra Institute of Medical Science having its office at RIMS, Bariatu, P.O. P.S. Bariatu, Ranchi. … …Respondents

¶9

¶10

CORAM: THE HON’BLE MR. JUSTICE DR. S.N.PATHAK

¶11

For the Petitioners :Mr. Shresth Gautam, Advocate. For the State :Mrs. Jyoti Nayan, A.C. to G.P. VI. For the RIMS :Dr. Ashok Kumar Singh, Advocate. :Ms. Poonam Verma, Advocate.

¶12

¶13

02/ 06.02.2020 The petitioners have approached this Court with a prayer for direction upon the respondents to grant the benefit as notified vide gazette notification No.718 dated 12.09.2019 and to re-designate the petitioners, who are working as readers on the post of Associate Professor and to further grant a pay scale of Rs.37,400-67,000/- with grade pay 9,000+ N.P.A. in terms of the above notification issued by Health Medical Education and Family Welfare Department as the same has been approved and recommended by the Governing Body and also notified by the State Government vide notification No.718 dated 12.09.2019.

¶14

The case of the petitioners lies in a narrow compass. The petitioner No.1 and petitioner No.2 were appointed as reader on 06.10.2016 and 15.09.2016 in the Department of Orthodontics + Dentofacial Orthopaeedics and Department of Oral & Maxillofacial Surgery respectively. Pursuant to the appointment, they have been working continuously and diligently on the appointed post and have been discharging their duties, entrusted to them, with full satisfaction to the respondent-authorities. No any departmental proceeding is pending against the petitioners. Since the date of appointment, the petitioners are working on the post of reader and getting the above mentioned grade pay. It is specific case of the petitioners that as per 43^rd meeting of the Governing Body of RIMS and a letter dated 22.04.2017 issued by the Director of RIMS to the Secretary, Health Medical Education and Family Welfare Department a decision was taken to amend the salary and the post of the Dental Institute in accordance with the other

¶15

¶16

department of the RIMS. In view of the above meeting an order dated 01.03.2019 was issued by the Secretary, Health Medical Education and Family Welfare Department, Govt. of Jharkhand whereby certain post and pay grade of Dental Institute were amended/modified in which the post of reader was amended as an Associate Professor and the pay grade were modified from PBIII 15,600-39,100-7600 to 37,400-67,000-9000+ N.P.A. and the same shall take effect from 01.04.2019. In pursuance to the said letter a gazette notification No.718 dated 12.09.2019 was issued by the Health Medical Education and Family Welfare Department, Govt. of Jharkhand after approval from the Cabinet whereby certain post and pay grade of Dental Institute were amended/modified in which the post of Reader was amended as an Associate Professor and the pay grade were modified from PB-III 15,600-39,100-7600 to 37,400-67,0009000+N.P.A. It is specific case of the petitioners that even after the said notification, the pay scale of the petitioners has neither been enhanced nor amended nor the said notification has been given effect to. The petitioners filed several representation before the respondent-authorities but no heed was paid to their representation and till date no order has been passed neither the said notification has been given effect to and hence the petitioners have been constrained to knock the door of this Court.

¶17

Mr. Shresth Gautam, learned Counsel for the petitioners strenuously urges that a direction be given to the respondents to consider the case of the petitioner in view their own gazette notification and also in view of the gazette notification of the State for consideration of their cases regarding payment of amended pay scale which they are entitled for with effect from 01.04.2019 and also re-designation.

¶18

Mrs. Jyoti Nayan, learned Counsel for the State as well as Ms. Poonam Verma representing the RIMS very fairly submits that in absence of counteraffidavit they are not in a position to say as to why the case of the petitioners was not considered.

¶19

Be that as it may, on a consideration of the facts and circumstances of the case as also the submissions made across the bar this Court is of the considered view that since already the representations of the petitioners are pending before the respondent-authorities and in view of the decision of the Governing Body and also in view of the gazette notification admittedly they are entitled for the enhanced pay scale and also for re-designation, the respondents

¶20

¶21

are directed to take a decision on the pending representations of the petitioners within a period of four weeks from the date of receipt of a copy of this order.

¶22

Needless to say that if a decision is taken in favour of the petitioners, benefits in view of the said decision shall also be extended to them within a period of two weeks thereafter.

¶23

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

¶24

[Dr.S.N.Pathak,J.]

¶25

P.K.S.

Dr Subhash Chandra v. the State of Jharkhand through Secretary Health Medical Education and Family Welfare Deptt

Case brief

What is this about?

What did the court decide?

Dr Subhash Chandra v. the State of Jharkhand through Secretary Health Medical Education and Family Welfare Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhagwan Das Yadav Vs Central Coalfields Ltd. Thr Its Chairman Cum Managing Director and Anr.

Ravita Kumari Vs the State of Jharkhand

Mohar Ram Das Vs the State of Jharkhand and Ors.

Nilesh Kumar Singh Vs the State of Jharkhand

Koel Raha Vs Ms Bharat Coking Coal Limited through Its Chairman Cum Managing Director

Anil Kumar Vs the State of Jharkhand