DR PRIYASHREE SUNITA v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY
WPC/3157/2018 · 2025-08-19
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18019 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18019 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:24321 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S). No. 3157 of 2018 -------
1. Dr. Priyashree Sunita, wife of Dr. Shakti Prasad Pattanayak, resident of D1/50, BIT Mesra, Ranchi, P.O. Mesra, P.S. Bariatu (New) TOP, District Ranchi (Jharkhand).
2. Dr. Asha Rani, wife of Mr. Jai Prakash, resident of Government Pharmacy Institute, Sarhul Nagar, P.O. & P.S. Bariatu, Ranchi, District Ranchi (Jharkhand).
3. Vineeta Prakash, wife of late Dr. Achalesh Kumar Sinha, resident of Government Pharmacy Institute, Sarhul Nagar, P.O. & P.S. Bariatu, Ranchi, District Ranchi (Jharkhand).
4. Harihar Nath Mahto, son of Sri Darshan Mahto, resident of Nayasarai, Murma, P.O. Nayasarai, P.S. Nagri, Ranchi, District Ranchi (Jharkhand).
……….. Petitioners Versus
1. The State of Jharkhand through Chief Secretary, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, Ranchi.
2. Principal Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, Ranchi.
3. Principal Secretary, Finance Department, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, Ranchi.
4. Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, Ranchi.
5. All India Council for Technical Education, through its Chairman, Nelson Mandela Marg, Vasant Kunj, P.O. Vasant Kunj, P.S. Vasant Kunj, New Delhi.
6. Pharmacy Council of India, through its Secretary, Combined Council’s Building, Kotla Road, Aiwan-E-Ghalib Marg, P.O. Kotla Road, P.S. Kotla Road, New Delhi.
……….. Respondents
----
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioners : Mr. Arpan Mishra, Advocate
For the State
:
AC to AAG-I
For the AICTE
: Ms. Shivani Bakshi, Advocate
Mr. Ratnesh Kumar, Advocate
---- 18/ 19.08.2025 The instant application has been preferred by the petitioners for following reliefs:
For issuance of an appropriate writ, order or direction, directing the respondents to show cause as to why the petitioners are not being paid salary in the pay scale as notified by the All India Council for Technical Education (in short
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'AICTE') vide notification no. F.No.37-3/Legal/2010 dated 22.1.2010; And
Upon showing insufficient cause or no cause of further for issuance appropriate writ, order or direction, directing the respondents to put the petitioner nos. 1, 3 and 4 (Lecturers) in the pay scale of Rs. 15600 39100, Academic Grade Pay Rs. 6000/-, the petitioner no.2 (Professor) in the pay scale of Rs. 37400 67000, Academic Grade Pay Rs. 9000/- as per the notification of AICTE dated 22.01.2010 with effect from the date of their appointment; And
Upon taking decision further for issuance of an appropriate writ, order or direction, directing the respondent no.3 to pay the arrears of difference of salary along with 18% interest as also the current and future salary.
2.
Learned counsel for the petitioners submits that the Hon’ble Apex Court in the case of Pharmacy Council of India Vs. Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy & Ors. 1 has held that for the employees of pharmacy, “Pharmacy Council” is Apex Body and the sole deciding authority with respect to pay and other service benefits.
3. He further draws attention of the Court towards supplementary counter-affidavit filed on 10.07.2025, wherein a specific averment has been made that the case of the respective petitioners are under active
consideration; as such, the instant application may be disposed of by directing the concerned respondents to decide the case of the present petitioners in accordance with applicable rules and regulations.
4.
Learned counsel for the respondents does not have any objection.
5. Having regard to the aforesaid facts and circumstances of the case, the instant application is hereby disposed of by directing the respondent No. 2 to redress the grievance of the present petitioners in accordance with applicable rules of Jharkhand State Pharmacy Education Cadre (Appointment & Other Service Conditions) Rules, 2018 at the earliest which is under active consideration, as stated in the counter-affidavit.
1 (2010) 10 SCC 657
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6. It goes without saying that the respondents shall pass a reasoned order keeping in mind the notification issued by the Pharmacy Council of India wherein it has been clearly stated that the scale of pay of teaching faculty shall not be less than the scale prescribed by the State Government/AICTE.
7. The entire exercise shall be completed within a period of 12 weeks and if the decision is taken in favour of the petitioners, the monetary benefits shall be extended to them within a further period of four weeks.
8. With the aforesaid observations and directions, the writ petition stands disposed of.
(Deepak Roshan, J.)
Kunal