Disposed

Smt Moti Devi v. the State of Jharkhand through Its Pr Secretary Higher and Technical Education Deptt

Jharkhand HC10 Jun 2022WPC/667/2019

Case brief

AI extract

What is this about?

Petitioner sought promotions, pay revisions, and death-cum-retirement benefits for her deceased husband. Court disposed of petition granting liberty to file a representation to the University for promotion consideration.

What did the court decide?

Liberty granted to file fresh representation before Respondent No. 4 within 15 days; University directed to extend assistance and place claim for time-bound promotion before authorities within one mon

Smt Moti Devi Vs the State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 667 of 2019

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Smt. Moti Devi, aged about 69 years, widow of Late B.M. Chaudhary, resident of Ashorwad Nagar, New Sharma Line, Old Ulidih, Dimna Road, Mango, P.O. and P.S. Mango, Town Jamshedpur, District East Singhbhum … … Petitioner

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Versus

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The State of Jharkhand through its Principal Secretary, Higher and Technical Education Department, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi

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The Director, Higher and Technical Education Department, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi

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The Registrar, Ranchi University, Ranchi, having its office at near Shaheed Chowk, P.O. G.P.O. P.S. Lalpur, District Ranchi

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The Registrar, Kolhan University, Chaibasa, having its office at P.O. and P.S. Chaibasa, District West Singhbhum

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The Secretary, Jharkhand Public Service Commission, having its office at Lalpur, P.O. and P.S. Lalpur, District Ranchi

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… … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Shubham Mishra, Advocate For the JPSC : Mr. Sanjoy Piprawall, Advocate For the University : Mr. A.K. Mehta, Advocate : Mr. Shivam Singh, Advocate ---

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6 /10.06.2022 Learned counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs:

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“(i) For issuance of direction upon the respondents to forthwith grant “1^st Time Bound Promotion” (on completion of 10 years of continuous service) to the deceased husband of the petitioner w.e.f. 09.01.1991, considering the date of post sanctioned i.e. 09.01.1981 for the post of Lecturer, to the post of Reader, in the pay scale of Rs. 3700-5700/- with arrears of salary with statutory interest, in the light of notification dated 14.12.2018 being notification no. 01/ मु 1-134/2016-05, passed in the light of order dated 01.05.2017 in W.P. (S) No. 3375 of 2016 (Dukhu Ram Kuiry & Others Vrs. State of Jharkhand and Others) of this Hon’ble Court.

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(ii) For issuance of appropriate direction upon the respondents to forthwith fix the salary of deceased husband of the petitioner under 5^th Pay Revision, in the pay scale of Rs. 1200018000/-, since 01.01.1996, with arrears of salary (in between 01.01.1996 to 02.02.1997, the date of death of her husband, in harness) with statutory interest.

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(iii) For issuance of direction upon the respondents to release balance amount of leave encashment, gratuity and other

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death-cum-retiral benefits after revising the pay scale of deceased husband of the petitioner under 4^th & 5^th Pay Revision, with statutory interest.

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(iv) For issuance of direction upon the respondents to fix the family pension of the petitioner in the pay scale of Rs. 1200018000/- (fixing the pay scale of Reader of her deceased husband) and release arrears of family pension of the petitioner under 5^th & 6^th Pay Revision, w.e.f. 03.02.1997 (the date when the husband of the petitioner died in harness( & at present the petitioner is getting family pension under 6^th Pay Revision, considering the post of deceased husband as Lecturer.”

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3. Learned counsel appearing on behalf of the State has referred to the counter affidavit and has submitted that in paragraph 8 thereof, it has been stated that in the light of notification dated 20.07.2007 (Annexure-2) the date of regularization of the petitioner’s husband has been shown as 01.01.1981 at serial No. 25 as well as in the proposal of pay fixation to the post of lecturer sent by the University dated 25.03.2011 (Annexure-3). The respondent department considered the date of regularization of the petitioner w.e.f. 01.01.1981 and accordingly revised pay of late husband of the petitioner in 5^th revised pay scale w.e.f. 01.01.1996 and communicated to the concerned University through reference No. 917 dated 08.05.2019 (Annexure-A). The learned counsel submits that the date of regularization w.e.f. 01.01.1981 has already been accepted on the post of lecturer but so far as the claim for promotion to the post of Reader is concerned, no such proposal has been received from the University so far.

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4. Learned counsel appearing on behalf of JPSC has referred to the counter affidavit and has submitted that in paragraph 6 it has been mentioned that the proposal for granting promotion to the petitioner to the rank and grade of reader has not yet been received by JPSC and once such proposal is received by JPSC, it would examine the same and do the needful.

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5. At this stage, the learned counsel for the petitioner has submitted that the order dated 8.5.2019 (Annexure-A) to the counter affidavit filed by the State has been passed during the pendency of the present case and as the date of regularization of the petitioner’s husband has now been finalized in the post of lecturer w.e.f. 01.01.1981 the sequel to the same would be the claim for promotion to the post of reader as per the time bound promotion scheme. He

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submits that a representation to that effect has been filed before the Registrar, Kolhan University Chaibasa, on 19.01.2019 as contained in Annexure-7 but no action has been taken.

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6. Learned counsel appearing on behalf of respondent No. 4 has submitted that since the date of regularization of the petitioner has been finalized on the post of lecturer w.e.f. 01.01.1981 by virtue of letter issued by the State Government, appropriate direction may be issued upon the respondent No. 4 to consider the claim of the petitioner as has been made in Annexure-7 to the present writ petition, if the same has not yet been taken up by the respondent No. 4. He submits that a fresh representation be directed to be filed by the petitioner before respondent No. 4. The learned counsel has also submitted that since the claim is being made by the wife of the employee, the respondent No. 4 shall also render all possible assistance in the matter of completing the necessary formalities such that the claim of the petitioner is ultimately considered and is taken to a logical end.

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7. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court finds that this writ petition was filed on 05.02.2019 and by virtue of Annexure-A to the counter affidavit filed by the respondent State, a letter No. 917 dated 08.05.2019 has been annexed whereby the date of regularization of the services of the petitioner husband has been finally accepted to be from 01.01.1981 in the post of lecturer. Once the date of regularization on the post of lecturer has been finalized, the further claim of the petitioner regarding time bound promotion of her late husband to the post of reader is also required to be considered in accordance with law for which the petitioner has already filed a representation before the Respondent No, 4 as contained in Annexure7 and from the perusal of the records of this case it appears that the same has not yet been processed. It is important to note that the respondent No. 4 has not filed any counter affidavit in the present case.

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8. Considering the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to file a fresh detailed representation before the respondent No. 4 within a period of

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15 days from today along with the copy of the writ records and a copy of this order. Upon filing of such representation, the respondent No. 4 shall extend all assistance to the petitioner so that necessary formalities with regard to filing of her claim of time bound promotion of her late husband is completed at her end and thereafter the respondent No. 4 shall take all steps so that the claim of the petitioner is placed before the appropriate authorities for due consideration in accordance with law at the earliest. The respondent No. 4 will do the needful at his end within a period of one month from the date of receipt of a copy of the representation.

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9. This writ petition is disposed of.

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(Anubha Rawat Choudhary, J.)

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Binit

Smt Moti Devi v. the State of Jharkhand through Its Pr Secretary Higher and Technical Education Deptt

Case brief

What is this about?

What did the court decide?

Smt Moti Devi v. the State of Jharkhand through Its Pr Secretary Higher and Technical Education Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

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