Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 34582 (JHR)

SRINIKET MISHRA v. THE STATE OF JHARKHAND THROUGH ITS PR SECRETARY HIGHER AND TECHNICAL EDUCATION DEPTT

WPC/2438/2019 · 2025-10-06

Deepak Roshan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:30757 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2438 of 2019 --------- 1. Sriniket Mishra, aged about 58 years, son of Late Chandra Bhushan Mishra, resident of H. No. 34, Line No. 1-A, Block-B, Namda Basti, Anand Nagar, P.O. and P.S. Golmuri, Town Jamshedpur, District East Singhbhum. 2. Swarna Lata Mohanty, aged about 66 years, wife of G.K. Mohanty, resident of H. No.18, Sankosai Road No.-3, Dimna, Mango, Near K.P. Singh Stall, P.O. & P.S. Mango, Town Jamshedpur, District East Singhbhum. 3. Bipin Bihari Goswami, aged about 56 years, son of Kritinath Goswami, resident of House No. 6, Prem Nagar, Road No.2, P.O. and P.S. Telco, Jamshedpur, District East Singhbhum. 4. Dharam Prasad Singh, aged about 55 years, son of Suru Singh, resident of Indranagar, Golmuri, P.O. and P.S. Golmuri, Town Jamshedpur, District East Singhbhum. 5. Avinash Pandey, aged about 52 years, son of Late Damodar Pandey, resident of Jemco, Azad Basti, Mandir Line, P.O. and P.S. Telco, Jamshedpur, District East Singhbhum. 6. Ramesh Chandra Thakur, aged about 54 years, son of Siyaram Thakur, resident of N.H.-7, Line No.4, Namda Basti, Anand Nagar, P.O. and P.S. Golmuri, Town Jamshedpur, District East Singhbhum. 7. Lalit Kumar Toppo, aged about 61 years, son of Prem Uday Toppo, resident of H.No. 26, Khora Toli, P.O. and P.S. Sadar, District Ranchi. 8. Poresh Chandra Bhui, aged about 57 years, son of R.C. Bhui, resident of H. No. 364, Khutadih, A/B Block, P.O. and P.S. Sonari, Town Jamshedpur, District East Singhbhum. ....Petitioner Versus 1. The State of Jharkhand through its Principal Secretary, Higher and Technical Education Department, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. 2. The Director, Higher and Technical Education Department, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District-Ranchi. 3. The Registrar, Kolhan University, Chaibasa, having its office At., P.O. and P.S. Chaibasa, District-West Singbhum. 4. ABM College, Golmuri, Jamshedpur, through its Principal, having its office at Golmuri, P.o. & P.S. Golmuri, District-East Singbhum. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Rajesh Kumar, Adv. 2 For the Resp.-State : Mr. Manish Mishra, G.P.-V --------- 13/06.10.2025 The instant writ application has been preferred by the petitioner for the following reliefs; (A) For quashing of letter no. 1879 dated 20.09.2018 (Annexure-13 to this writ application) issued under the signature of Director, Department of Higher, Technical Education & Skill Development, whereby and whereunder a decision has been taken that non- teaching staff would be paid arrears of salary, since 15.11.2000 and further they will be paid house rent allowance and medical allowance, since July, 2018. (B) For direction upon the respondents to release difference of salary in between 22.10.1986 to 31.12.1995 under 4th pay revision, 01.01.1996 to 14.11.2000, under 5th pay revision. (C) For direction upon the respondents to release the arrears of HRA (House Rent Allowances) and MA (Medical Allowances) in between 22.10.1986 to June, 2018 as per 4th, 5th and 6th Pay Revisions, which has been withheld illegally. And / Or (D) For the issuance of any other appropriate writ (s) /order (s) / direction (s), for doing conscionable justice to the petitioners. 2. At the outset, learned counsel for the Petitioners confines his argument only on the issue for payment of Medical Allowance from 15.11.2000 till June 2018 and also HRA from 15.11.2000 till June 2018. 3. Learned counsel further submits that in spite of several repeated reminders, no decision has been taken by the concerned respondent; as such, interest of justice would be sufficed by granting liberty to these petitioners to approach the 3rd respondent who shall forward their individual cases to the 2nd respondent with regard to the limited prayer for payment of HRA and Medical Allowance for the relevant period and the 3rd respondent may be directed to forward the claim of the petitioners to the 2nd respondent who shall take a 3 decision in the matter, in view of the fact that several other persons i.e. similarly co-employees have been provided the same benefit. 4. Learned counsel for the respondent though opposes the prayer made in the instant writ application, however, did not rebut to the limited argument with regard to payment of HRA and Medical Allowance. 5. Learned counsel submits that the petitioners may approach the concerned respondent for redressal of their grievance. 6. Having regard to the limited argument made by the learned counsel for the rival parties, without deliberating with any other prayers made in the instant writ application; the same is hereby, disposed of by directing the Petitioners to file a joint representation before the 3rd respondent by giving details and also the record of other co-employees who have been granted Medical Allowance and HRA for the relevant period what the petitioners are praying herein. The moment 3rd respondent will receive the joint representation, he shall forward the same to the 2nd respondent to take a decision in the matter. The entire exercise shall be completed within a period of 16 weeks from the date of receipt of copy of this order along with the joint representation and if the decision would be in favour of the petitioners; then the benefit shall also be extended within a further period of four weeks. 7. Accordingly, the instant writ application stands disposed of in the manner indicated hereinabove. (Deepak Roshan, J.) 06.10.2025 Amardeep/-