Disposed¶19

Nitu Srivastava v. the State of Jharkhand

Jharkhand HC10 Jan 2024Cont.(Cvl)/685/2021

Case brief

AI extract

What is this about?

Contempt dropped - Ranchi University Acting Vice-Chancellor and Registrar; alleged violation of order dated 11.07.2019 in W.P.(S) No.3549 of 2011 with W.P.(S) No.2840 of 2010; compliance by reasoned orders memo no.951 dated 06.07.2022 (Additional Chief Secretary) and letter no.2094 dated 09.10.2023 (Director) declining UGC pay-scale equivalent to teachers; consistent with disposal of Contempt Case (Civil) No.514 of 2020 vide order dated 15.07.2022; liberty to challenge memo no.951 dated 06.07.2022; Rajesh Shankar, J.; decided 10.01.2024.

What did the court decide?

Contempt proceeding against the opposite parties dropped; petitioner left at liberty to take appropriate recourse against the reasoned order contained in memo no.951 dated 06.07.2022. ¶19

Nitu Srivastava Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt proceeding against the opposite parties dropped; petitioner left at liberty to take appropriate recourse against the reasoned order contained in memo no.951 dated 06.07.2022.

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Issue for consideration

Whether a case of contempt is made out against the opposite parties for their wilful and deliberate violation of the order dated 11th July, 2019 passed in W.P.(S) No.3549 of 2011 with W.P.(S) No.2840 of 2010, or whether the contempt proceeding should be dropped.

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Court's answer

Keeping in view that in Contempt Case (Civil) No.514 of 2020 the same reasoned order passed by the Additional Chief Secretary was under consideration and contempt was dropped vide order dated 15.07.2022, no case of contempt is made out against opposite party nos.2 and 3 and the contempt proceeding as against the opposite parties is also dropped.

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Ratio / Principle

The present contempt case stands disposed of.

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Key takeaways

If the petitioner is aggrieved with the reasoned order contained in memo no.951 dated 06.07.2022, she may take appropriate recourse against the same as permissible under law (challenge to the compliance order left open).obiter¶20

Detailed headnote1 paragraphs

Contempt proceeding dropped and case disposed of. The contempt case (Cont. Case (Civil) No.685 of 2021) alleged wilful and deliberate violation by the opposite parties of the common order dated 11.07.2019 passed in W.P.(S) No.3549 of 2011 with W.P.(S) No.2840 of 2010. Compliance was pointed out through two reasoned orders: memo no.951 dated 06.07.2022 of the Additional Chief Secretary, Department of Higher and Technical Education (Directorate of Higher Education), Government of Jharkhand, holding the claim of the 18 writ petitioners for UGC pay-scale equivalent to teachers not admissible, and letter no.2094 dated 09.10.2023 of the Director, Directorate of Higher Education, similarly declining the petitioner's claim. Keeping in view that Contempt Case (Civil) No.514 of 2020, wherein the same reasoned order was under consideration, was disposed of vide order dated 15.07.2022 dropping contempt, the Court held that no case of contempt is made out against opposite party nos.2 and 3 and dropped the contempt proceeding. The petitioner was left at liberty to take appropriate recourse against memo no.951 dated 06.07.2022. (Rajesh Shankar, J.)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.685 of 2021

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Nitu Srivastava. .......... Petitioner.

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-Versus-

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1. The State of Jharkhand 2. Dr. Mrs. Kamini Kumar, Vice-Chancellor (Acting), Ranchi University, Ranchi.

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1. Dr. M.C. Mehta, Registrar, Ranchi University, Ranchi. .......... Opp. Parties.

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The State of Jharkhand

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. P. K. Choudhary, Advocate For the State : Mrs. Vandana Singh, Sr. S.C.III For O.P. Nos.2 & 3 : Mr. Amit Kumar Sinha, Advocate ----- Order No.07 Date: 10.01.2024

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The present contempt case has been filed for initiating a contempt proceeding against the opposite parties for their wilful and deliberate violation of the order dated 11^th July, 2019 passed in W.P.(S) No.3549 of 2011 with W.P.(S) No.2840 of 2010.

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Mrs. Vandana Singh, learned Sr. S.C.III appearing on behalf of the opposite party no.1 and Mr. Amit Kumar Sinha, learned counsel appearing on behalf of the opposite party nos.2 and 3 jointly submit that a Bench of this Court vide common order dated 11^th July, 2019 had disposed of two sets of writ petitions i.e. W.P.(S) No.2840 of 2010 filed by Man Mohan Jha and W.P.(S) No.3549 of 2011 filed by eighteen petitioners including Vijay Kumar Srivastava (husband of the petitioner).

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It is further submitted that in compliance of the order dated 11.07.2019 passed in the aforesaid writ petitions, two separate reasoned orders were passed. So far as W.P.(S) No.3549 of 2011 comprising of 18 writ petitioners is concerned, a reasoned

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-2-

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order as contained in memo no.951 dated 06.07.2022 was passed by the Additional Chief Secretary, Department of Higher and Technical Education (Directorate of Higher Education), Government of Jharkhand, wherein claim of the said petitioners for grant of UGC pay-scale equivalent to the teachers was found not admissible.

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Subsequently, the Director, Directorate of Higher Education, Department of Higher and Technical Education, Government of Jharkhand, Ranchi vide reasoned order as contained in letter no. 2094 dated 09.10.2023 made similar observation as was made by the Additional Chief Secretary, Department of Higher and Technical Education (Directorate of Higher Education), Government of Jharkhand in his reasoned order as contained in memo no. 951 dated 06.07.2022 and declined the claim of the petitioner to grant UGC pay-scale equivalent to the teachers.

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Learned Sr. SC-III further submits that Contempt Case (Civil) No.514 of 2020 filed by some of the writ petitioners of W.P.(S) No. 3549 of 2011 was disposed of by a Bench of this Court vide order dated 15.07.2022, dropping the contempt proceeding against the opposite parties. Hence, the present contempt proceeding against the opposite parties may also be dropped.

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Having heard learned counsel for the parties and keeping in view that Contempt Case (Civil) No.514 of 2020 wherein same

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-3-

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reasoned order passed by the Additional Chief Secretary, Department of Higher and Technical Education (Directorate of Higher Education), Government of Jharkhand was under consideration before a Bench of this Court and the contempt proceeding against the opposite parties including the Director, Directorate of Higher Education, Department of Higher and Technical Education, Government of Jharkhand, Ranchi was dropped vide order dated 15.07.2022, no case of contempt is made out against the opposite party nos.2 and 3 and, therefore, the contempt proceeding as against the opposite parties is also dropped.

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The present contempt case stands disposed of.

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If the petitioner is aggrieved with the reasoned order as contained in memo no.951 dated 06.07.2022, she may take appropriate recourse against the same as permissible under law.

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(Rajesh Shankar, J.)

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Sanjay/

Nitu Srivastava v. the State of Jharkhand

Case brief

What is this about?

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Nitu Srivastava v. the State of Jharkhand

Case brief

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