Dr Kaushal Kishor Srivastava Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (S) No. 1146 of 2023

(Dr.) Kaushal Kishor Srivastava aged about 72 years, S/o late Bepin Vihari Srivastava, Gandhi Nagar, P.O. Matwari P.S. Hazaribag, District Hazaribag … … Petitioner

¶4

Versus

¶5

State of Jharkhand

¶6

The Secretary Department of Higher and Technical Education Department, office at Project Building P.O.&P.S.-Dhurwa, Distt.Ranchi Jharkhand.

¶7

Director Higher and Technical Education Department, office at Project Building P.O.&P.S. Dhurwa, Distt.-Ranchi Jharkhand

¶8

Vice Chancellor Vinoba Bhave University Office at NH 33 Sindoor P.O.& P.S.-Sadar Distt-Hazaribagh

¶9

Vinoba Bhave University, through its Registrar Office at NH 33 Sindoor P.O.& P.S. -Sadar Distt - Hazaribagh

¶10

… … Respondents

¶11

¶12

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

¶13

--For the Petitioner : Mr. Rajendra Krishna, Advocate : Mr. Shubham Mayank, Advocate For the University : Mr. Amaresh Kumar, Advocate For the State : Mr. Md. Sahabuddin, Advocate

¶14

¶15

08 /11.03.2024 Learned counsel for the parties are present.

¶16

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

¶17

“ (i) For issuance of an appropriate writ(s)/ order(s)/ direction(s) issuance of writ in nature of mandamus commanding upon the Respondent to release the admitted retiral benefit petitioner as follows:

¶18

a) For payment of following arrears of Pension, gratuity, and 300 days earned leave at the rates applicable to State Govt. employees in Jharkhand Pension Rules as mandated by the Pension and retiral benefit Statute of the University

¶19

b) Payment of differential of pension and pensionary benefits, in 7th and 6th U.G.C. revised pay scale from 01.05.2016 to 31.03.2020, along with 10% compound interest from the dates on which they were due till the date of payment.

¶20

c) Payment of Gratuity at the rate of State Govt. employees as provided in the Section 23 of the pension and pensionary benefit Statute of the University calculated on the basis of 7th U.G.C. with 10% interest.

¶21

d) Payment of leave encashment of admissible residual 120 days( out of 300 days) un availed earned leave in 7^th Scale and differential of 7^th and 6^th scale for 180 days as provided in the Section 30 of the pension and pensionary benefit Statute of the University along with 10% interest.

¶22

2

¶23

ii) For issuance of an appropriate writ(s)/ order(s)/ direction(s) issuance of writ in in nature of mandamus commanding upon the Respondent for release of Payment of arrears of salary of the following period:

¶24

a) Payment of arrears of the salary in 7th and 6th UGC scale from 01.01.2016 to 31.04.2016 with interest.

¶25

b) Payment of arrear of differential salary of University Professor and Reader from 01.01.1996 to 31.12.2005 in 5th U.G.C. pay scale, and 23.12.1988 to 31.01.1990 in 4^th U.G.C. scale, along with compound interest of 10% from the date when the payment became due till the date of payment.

¶26

c) Payment of Arrear of the portion of D.A. from 01.03.1979 to 31.03.1994, which was to be deposited in the Provident Fund account and was to be returned with interest in installments in accordance with the Bihar Govt. sankalp No. 88 WEE(2) dated 09.03.1990.

¶27

d) For payment of interest on all the arrears: Interest at the rate of 10% on the arrears from the date of admissibility to date of payment.

¶28

3. Learned counsel for the University has submitted that all the retiral benefits have been paid to the petitioner except enhanced amount of gratuity and the same will be paid to the petitioner only when it is released by the State Government. He has submitted that a letter dated 02.12.2023 has been issued to the Director, Higher and Technical Education, Government of Jharkhand, Ranchi (Respondent no. 3) to give the necessary guidelines but no response has been received and therefore the enhanced amount of gratuity has not been paid.

¶29

4. The learned counsel for the petitioner has submitted that the petitioner has received a lump sump amount in his account and he is not aware about the break up. He submits that the petitioner is suffering from paralysis and appropriate direction may be issued so that the break up of the amount which has been paid to the petitioner is provided to the petitioner and if there is any surviving grievance, he shall raise his grievance before the University in accordance with law. So far as gratuity is concerned, the learned counsel submits that appropriate direction be issued to the State so that the amount is also released in accordance with law.

¶30

5. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court is of the

¶31

3

¶32

considered view that admittedly certain amount has been credited to the account of the petitioner but the break up of the same has not been provided. It further appears that the matter regarding payment of differential gratuity amount is now pending before the Respondent No. 3.

¶33

6. Considering the nature of relief prayed for in this writ petition, this court is of the view that no useful purpose will be served by keeping the present case pending. As per the records, no adverse order has been passed regarding the entitlement of the petitioner under one or other prayer made in this writ petition. The matter is required to be looked into at the first instance by the respondent no. 4 with regard to the surviving grievance of the petitioner. So far as the break-up of the amount which has been credited in the account of the petitioner is concerned, the break-up is also required to be provided by respondent no. 4 to the petitioner.

¶34

7. This writ petition is disposed of enabling the petitioner to appear before the respondent no. 4 either himself or through his representative by filing a representation along with the records of this case.

¶35

8. Upon such representation, the respondent no. 4 shall provide the break up of the amount which has been released in favour of the petitioner. Upon receipt of such break up, the petitioner may file his further representation with regard to each and every claim with supporting documents if anything more is claimed by the petitioner under one or the other head.

¶36

9. The said representation is directed to be decided within a period of four weeks by a reasoned order after granting an opportunity of hearing to the representative of the petitioner and the reasoned order be communicated to the petitioner through e-mail to be provided in the representation itself.

¶37

10. If any amount is found payable in terms of the reasoned order, the same be also remitted to the account of the petitioner within a period of one month from the date of such reasoned order.

¶38

11. So far as the gratuity is concerned, the matter is pending before the respondent no. 3. Accordingly, the respondent no. 3 is also directed to take a reasoned decision in connection with the entitlement

¶39

4

¶40

of the petitioner with respect to gratuity within a period of four weeks from the date of receipt of a copy of this order.

¶41

12. If any amount is found payable to the petitioner on account of gratuity, the same be released in favour of the University within a period of one month thereafter and the University is also directed to forthwith remit the same to the account of the petitioner.

¶42

13. This writ petition is accordingly disposed of.

¶43

14. The learned counsel appearing on behalf of the State is directed to communicate this order to the respondent no. 3 along with a copy of the writ records.

¶44

15. It is made clear that this Court has not gone into the merits or otherwise of the entitlement of the petitioner with regard to any one or the other reliefs as claimed in this writ petition and it is for the concerned respondents to act in accordance with law in terms of the applicable rules, regulations, guidelines etc.

¶45

(Anubha Rawat Choudhary, J.)

¶46

Binit

Dr Kaushal Kishor Srivastava v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dr Kaushal Kishor Srivastava v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Baklu Lohra And Anr. Vs Yugal Kishore Baraik And Anr.

Arti Devi Vs Prabha Dey

Divisional Manager New India Assurance Company Ltd. Vs Biswanath Munda and Ors.

Imam Ahmed Vs the State of Jharkhand

Sukar Bhuia Vs the Union of India through Secretary Ministry of Labour

Jitram Oraon Vs the State of Jharkhand through the Principal Secretary Deptt of Home