Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:35664 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3987 of 2020
Sangita Kumari, aged about 54 years, wife of Late Dr. Ravi Shankar Sahay, residing at B-403 Kali Shankar Enclave Hindpiri PO- GPO PS- Hindpiri District Ranchi PIN 834001 … … Petitioner
Versus
1. State of Jharkhand
2. Secretary, Higher and technical Education, office at Nepal House, P.O & PS: Doranda District- Ranchi 834002. 3. Jharkhand Public Service Commission, through its Chairman, office at Circular Road, Deputy Para, Ahir Toli Ranchi, PO GPO. P.S- Lalpur District- Ranchi
4. Ranchi University through its Registrar, Ranchi University P.O- G.P.O P.S- Kotwali District- Ranchi
5. St. Xaviers College Ranchi, through its Principal, Dr. Camil Bulke Path, Main Road, P.O- G.P.O, PS- Kotwali Ranchi 834001
… … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner : Mr. A.K. Das, Advocate
: Mrs. Swati Shalini, Advocate
: Mr. Kanishka Deo, Advocate
For the JPSC
: Mr. Pravin Kr. Pandey, Advocate
: Mr. Amit Kumar, Advocate
For the Resp. No.5 : Mr. Sudarshan Shrivastava, Advocate
For the State
: Mrs. Moushmi Chatterjee, AC to GA V
---
10/28.11.2025
The learned counsels for the parties are present. 2. This writ petition has been filed for the following reliefs:
“(i) For issuance of further appropriate writ(s)/order(s)/, direction(s) upon the respondents to grant time bound promotion due to the Husband of the Petitioner on 27.07.2002 as he was continuously working in the post of Lecturer Senior Scale since 27.07.1998 in line of the existing guidelines and statutes in accordance with the Career Advancement Scheme, 2008. (ii) For issuance of appropriate writ(s)/ order(s)/, direction(s) upon the concerned respondents-authorities to pay the arrears of the salaries along with the interest to the petitioner that are found due after the promotion of the husband of the petitioner. (iii) For issuance of appropriate writ(s)/ order(s)/direction(s) upon the concerned respondent authorities to immediately
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forthwith calculate and disperse the pension with effect from the date of death of the husband of the petitioner that is payable to the petitioner in view of the memo no 1470 dated 19.12.2012 (Annexure- 9). (iv) Any other relief or reliefs as Your Lordships may deem fit and proper for which the petitioner is very much entitled under the facts and circumstances of the case and in the interest of justice.”
3.
The learned counsel for the petitioner submitted that the husband of the petitioner was appointed by the governing body of the minority college, St. Xavier’s, way back in 1989 and was also promoted to the post of Lecturer (senior scale) with effect from 27.07.1998 vide memo dated 20.09.2010 and in spite of continuously working, he was not promoted. It is further submitted that the employees of the University were given time-bound promotions under the Career Advancement Scheme. The husband of the petitioner was also recommended for promotion vide letter no.2322 dated
08.12.2015. However, the same was rejected by the Jharkhand Public Service Commission (JPSC) vide order dated 27.01.2016 mentioning that the scheme was applicable to affiliated and constituent colleges and was not applicable to minority institution. 4. A representation was made by the husband of the petitioner to the Director, Higher and Technical Education, State of Jharkhand and in the meantime, the husband of the petitioner passed away on
05.05.2016. However, the petitioner came to know that the JPSC had rectified its mistake and a newspaper publication to that effect was made on 29.11.2020. 5. The learned counsel for the petitioner has submitted that as per Annexure – 12, annexed filed along with the supplementary affidavit dated 01.05.2025, the service benefits have been extended to the husband of the petitioner and the matter has now been taken up with the State Government by Ranchi University for allocation of funds. 2025:JHHC:35664 3
6. He submits that now the entitlement of the husband of the petitioner is not in dispute and the matter has been finally taken up by the University in his favour and only allocation of fund is awaited. 7. The learned counsel for the petitioner further submits that everything has been done in favour of the husband of the petitioner by the University and upon allocation of funds, the matter regarding his promotion will be taken to a logical end by making payment of the amount which he is otherwise entitled. 8.
The learned counsel submits that the relief with respect to paragraph 1 (i) appears to have been satisfied but payment of monetary benefits and rectification of pension as mentioned in paragraphs 1 (ii) and 1 (iii) are yet to be done. 9. He has referred to the counter affidavit filed by the State and referred to paragraph 8 wherein the State has stated that the matter regarding promotion comes under the jurisdiction of the University and the State Government has no role to play in taking a decision regarding promotion. 10. The learned counsel has submitted that the JPSC has taken a positive decision, the University has also taken a positive decision, now only allocation of funds and follow up actions are required from the side of the State. 11. No counter affidavit has been filed by JPSC or the University. 12. After hearing the learned counsel for the parties and considering Annexure – 12 dated 18.05.2024 issued by the University to the Director Higher and Technical Education, State of Jharkhand, it appears that the grievance of the husband of the petitioner with regard to his promotion has already been taken care of but the University is seeking allocation of funds to do the needful and take the matter to a logical end. 13. In such circumstances, this writ petition is disposed of enabling the petitioner to approach respondent no.2 by filing a representation along with a copy of the writ records and a copy of this order within a period of one month from today. The respondent no.2 is directed to do
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the needful in accordance with law within a period of one month thereafter. 14. On receipt of the fund from the State, the University shall disburse the same to the petitioner (the wife of the employee) after due verification and in accordance with law. 15. This writ petition is accordingly disposed of. 16. Pending interlocutory application, if any, stands closed. (Anubha Rawat Choudhary, J.)
28.11.2025. Saurav/ Uploaded on 29.11.2025