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2025 DAILYLAW 19793 (JHR)

BALBIR KERKETTA v. STATE OF JHARKHAND

WPC/3772/2025 · 2025-07-23

Deepak Roshan

body2025

Judgment text

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2025:JHHC:20303 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3772 of 2025 Balbir Kerketta, aged about 56 years, son of Late Emil Kerketta, resident of Hulhundu, P.O. Hulhundu, P.S. Kharsidag, District Ranchi ... … Petitioner(s) Versus 1. State of Jharkhand 2. The Principal Secretary, Higher & Technical Education Department, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi 3. The Director, Higher Education, Higher & Technical Education Department, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi 4. The Management of Gossner College, Ranchi through its Secretary, Club Road, Ranchi, P.O. G.P.O., P.S. Lalpur, District Ranchi. 5. The Ranchi University, Ranchi through its Registrar, having its office near Saheed Chowk, P.O. G.P.O., P.S. Kotwali, District Ranchi. … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. P. A. S. Pati, Advocate For the Ranchi University : Dr. Ashok Kumar Singh, Advocate Mr. Sharon Toppo, Advocate -------- Order No. 02 /Dated: 23rd July 2025 The instant writ application has been preferred by the petitioner praying therein for a direction upon the respondents to grant 6th and 7th pay revision with all consequential benefits of pay, promotion, financial increments and entitlement for post-retiral benefits w.e.f. 01.12.2011 i.e. the date of absorption of the services of petitioner on the post of Lecturer ‘with finance’ from his initial post of Lecturer ‘without finance’. Petitioner has further prayed for a direction upon the respondents to grant notional benefits from 01.07.2002 to 01.12.2011 while granting benefits of 6th and 7th pay revision. 2. Learned counsel for the petitioner submits that after 1982, a classification was made viz. one Lecturer ‘with finance’ and other one 2025:JHHC:20303 2 Lecturer ‘without finance’. The petitioner further submits that by virtue of Annexures-5 & 6, he has been absorbed by the respondent-University on the post of Lecturer ‘with finance’, therefore, he is entitled for salary and other emoluments of Lecturer ‘with finance’. He further submits that he has represented before the respondents but till date nothing has been done. He reiterates that name of petitioner has already been approved by the Ranchi University to the post Lecturer (History) ‘with finance’, which is evident from Annexure-6. However, for no reason, he is not being paid correct emoluments. Accordingly, the respondent-State may be directed to take a decision in the matter after verification of record so that appropriate emoluments can be granted to this petitioner. 3. Learned counsel for the respondent-University submits that though counter-affidavit has not been filed, however, from perusal of Annexure-6 it appears that the petitioner has been absorbed on the post of Lecturer (History) ‘with finance’. Accordingly, the petitioner may be directed to approach the respondent no. 2, who will take an appropriate decision. 4. Learned counsel for the respondent-State also supports the contention of the respondent-University and submits that the petitioner may be directed to approach the respondent No. 2, who in consultation with respondent No. 3 and after verification of records including Anneures-6 & 7, shall take appropriate decision. 5. Having regard to the aforesaid submissions, this writ application is hereby disposed of by directing the Petitioner to file fresh representation before the 2nd Respondent along with relevant documents including Annexures-6 & 7, whereby the Petitioner has been absorbed to the post of Lecturer (History) ‘with finance’ in accordance with law and applicable Rules and Regulations. The 2nd Respondent would be at liberty to consult the 3rd Respondent in order to arrive to a final decision. The entire exercise shall be completed within a period of 12 weeks by the 2nd Respondent for passing reasoned and speaking order. Thereafter, upon getting the order from the Respondent-State, the Respondent No. 5 shall do the needful so 2025:JHHC:20303 3 that the admitted dues shall be paid to the Petitioner, within a further period of 8 weeks. 6. With the aforesaid observations and directions, the instant writ application stands disposed of. 7. Pending I.As., if any, also stand closed. (Deepak Roshan, J.) Amit