2025:JHHC:21710 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3502 of 2023 ------ Hemanti Devi, aged about 55 years, Wife of Late Dinesh Mahto, Resident of Bargaon, Bartoli, P.O. & P.S., Sisai, District- Gumla (Jharkhand). … … Petitioner(s) Versus 1. The State of Jharkhand through the Secretary, Higher, Technical Education & Skill Development Department, Government of Jharkhand, Project Building, HEC, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi. 2. The Director, Higher Education, Higher, Technical Education & Skill Development, Government of Jharkhand, Project Building, HEC, P.O. – Dhurwa, P.S., Jagannathpur, District- Ranchi. 3. The Ranchi University through its Registrar, Ranchi, P.O. – G.P.O., P.S., Kotwali, District- Ranchi. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner : Mr. Prem Pujari Roy, Advocate For the Respondent(s) : Mr. Amritanshu Singh, Advocate ------ 07/ 04.08.2025 1. Heard the parties. 2. Dinesh Mahto is the husband of this petitioner who died in harness on 22.11.2018. It is the case of petitioner that her husband was not paid the benefit of 5th, 6th & 7th PRC. She also prays for compassionate appointment to her son. 3. The petitioner in this writ application claims for approval for pay fixation according to recommendation of the 5th, 6th & 7th Pay Revision Commission from the date, it has been effected and the arrears. 4. Learned counsel for the petitioner submits during course of argument that the petitioner’s husband was a Peon and was working in Baijnath Jalan College, Sisai. He submits that though the payment of salary to the petitioner’s husband in terms of the recommendation of 5th PRC has been made but the same is made provisionally. He submits that similarly situated employee, namely, Upendra Prasad approached this Court by filing W.P.(S) No.5151 of 2016 which was allowed on 18.09.2023. Against the said order, the Department of Higher Education, Higher, Technical 2025:JHHC:21710 2 Education & Skill Development filed a Letters Patent Appeal but the Letters Patent Appeal was also dismissed on 24.04.2025 though on the ground of limitation. He submits that since the order of Upendra Prasad in W.P.(S). No.5151 of 2016 has been affirmed, this petitioner’s husband is also entitled for the similar benefits. 5. The petitioner’s husband admittedly was appointed in the post of Peon in Baijnath Jalan College, Sisai in the District of Gumla. Vide a Notification of Ranchi University dated 09.06.2005, (Annexure-4/1), he was absorbed provisionally in the services of Ranchi University. The name of the petitioner’s husband is reflected in Serial No.6 in Annexure No.4. From Annexure-4 i.e., the date of absorption, it is clear that the he has been absorbed with effect from 27.10.1986. 6. Further vide Notification dated 08.01.2007, the petitioner’s husband services were regularized as a non-teaching employee of Baijnath Jalan College, Sisai. In the aforesaid Annexure-4/1, his name finds place in Serial No.12. 7. It is the case of the petitioner that her husband has not been given salary as per the recommendation of Pay Revision Commission. The recommendation and fixation have already been done as per Annexure-5, but the petitioner’s husband has not got the actual benefit of the same. Similarly situated Upendra Prasad approached this Court by filing W.P.(S) No.5151 of 2016 and got a favourable order. Be it noted the name of Upendra Prasad also finds place in Annexure-4 also. 8. When the petitioner’s husband’s services have been absorbed and confirmed by the authority concerned, he is entitled to get the benefits of the recommendation of Pay Revision Commission. Thus, I direct to respondent-Ranchi University and the State Government to undertake an exercise considering the absorption and regularization of petitioner’s husband in service and thereafter, pass an appropriate order in respect of death-cum- retiral benefit as per the recommendation of the Pay Revision Commission. 9. The petitioner should approach the Registrar, Ranchi University within four weeks along with the copy of this order. She 2025:JHHC:21710 3 should file a representation. Once the said representation is filed, the Ranchi University will forward the representation of the petitioner along with the recommendation to the Director, Department of Higher Education, Higher, Technical Education & Skill Development, Government of Jharkhand, Ranchi. 10. The Director considering the recommendation of the Ranchi University, will pass an appropriate order within three weeks thereafter. 11. If the salary of the petitioner’s husband is revised, the death-cum-retiral benefit will be disbursed as per the revised scale to the petitioner within three weeks thereafter through the Ranchi University for which the State will sanction the necessary funds. In case of refusal, a detail order containing reason should be communicated to the petitioner. 12. So far as the prayer for compassionate appointment of her son is concerned, she is at liberty to file a fresh representation before the authority concerned who will consider the case of the petitioner as per rule. 13. With the aforesaid observations, this writ petition stands disposed of. (ANANDA SEN, J.) Sandeep, cp3