PRANAV KUMAR PANDEY v. THE STATE OF JHARKHAND THROUGH THE SECRETARY HIGHER TECHNICAL EDUCATION AND SKILL DEVELOPMENT DEPTT
WPC/1114/2023 · 2025-07-24
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7064 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7064 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:20484
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1114 of 2023 PRANAV KUMAR PANDEY, aged about 58 years, Son of- Late Hardayal Pandey, Resident of- Gosaindih, Vill-Bundu, P.O- & P.S. -Bundu, District- Ranchi (Jharkhand).
... … Petitioner(s)
Versus
1. The State of Jharkhand through the Secretary, Higher, Technical Education, and Skill Development Department, Government of Jharkhand, Nepal House, Doranda P.O. Doranda P.S. Doranda, District-Ranchi.
2. The Director, Higher, Technical Education, and Skill Development Department, Government of Jharkhand, Nepal House, Doranda P.O. Doranda P.S. Doranda, District-Ranchi.
3. The Ranchi University through its Registrar, Ranchi, P.O. -G.P.O., P.S. Kotwali, District Ranchi.
… … Respondent(s)
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Prem Pujari Roy, Advocate For the Ranchi University : Mr. Anoop Kr. Mehta, Advocate
Mr. Pratyush, Advocate For the State : Mr. Shubham Gautam, AC to AAG-V
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Order No. 05 /Dated: 24th July 2025
The instant writ application has been preferred by the petitioner for the following reliefs:
“(1) For issuance of appropriate writ(s), order(s) and/or direction(s). particularly a writ in the nature of Mandamus commanding and directing the respondents herein to forthwith consider and recommend the candidature of the petitioner for being promoted from the post of Demonstrator to the post of Demonstrator Selection Grade under the time bound promotion scheme, specially taking into
consideration the fact that several similarly situated co-employees namely Sri Santosh Kumar Jaiswal, Sri Jagdish Prasad Pramanik, Sri Rajendra Prasad and may others cases have already been considered and had even been granted promotion on the said post vide letter dated 24.02.2016, but the case of the petitioner has discriminated arbitrarily and illegally, till date, for the reason best known to them. (ii) For issuance of a further appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding and directing the respondents, more particularly respondent no. 3 herein to consequently notification making fixation of the pay scale of the petitioner in the pay scale of Demonstrator Selection Grade, w.e.f., 23.10.1993, i.e. the date of entitlement, admissibility under law; and accordingly respondent no. 1 & 2 may further be directed to issue necessary order granting approval of the pay fixation of the petitioner incurrent 7th revised pay scale of Demonstrator Selection Grade; with effect from the date from when persons similarly situated to that of the petitioners have been granted the said benefits i.e. the benefits attached to the post of Demonstrator Selection Grade. 2025:JHHC:20484
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(iii) For issuance of appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of certiorari for quashing the part of the notification dated 14.07.2022 & 06.08.2022 (Annexure-7 & 7/1) to the extent it records that the financial benefits payable to the post of Demonstrator shall be paid w.e.f. 08.12.2020, instead of, from the date of entitlement pursuant to re-designation to the post of demonstrator i.e. w.e.f., 23.10.1986, as has been given to several similarly situated employees; and consequently upon quashing the aforesaid notification to the extent indicated hereinabove, the respondents Ranchi University, as well as the State of Jharkhand may further be directed to make payment of salary inclusive of entire arrears, to the petitioner on the post of Demonstrator, w.e.f. the date of re-designation dated 23.10.1986, as notified vide letter dated 08.12.2020 and accordingly to make payment of current salary including difference of arrears of salary to the petitioner in the 7th Revised Pay Scale w.e.f. 01.01.2016, till date, and further direction upon the respondents to continue to pay the salary to the petitioner during his service tenure as per the current revised pay scale, as applicable.
(iv) For issuance of appropriate writ(s), order(s) and/or direction(s), as Your Lordships may deem fit and proper in the facts and circumstances of the case.”
2. At the outset, learned counsel for the petitioner submits that though respondent-University has taken a decision with regard to promotion of this petitioner but the State is sitting tight over the matter in respect of fixation of pay; as such, he may be permitted to file a fresh representation before the Respondent-University and the University may be directed to pursue the matter before the State Government and the State Government in turn shall take a decision in accordance with law and applicable rules and regulation. Learned counsel submits that in the case of similarly situated Lecturers, the relief has already granted to the respective claimant by the HRD Department. 3.
Learned counsel for the respondent-University submits that the petitioner may be directed to file a fresh representation along with documents which shall be forwarded to the State.
4.
Learned counsel for the State submits that if the case of the petitioner is forwarded by the respondent-University, the same will be considered in accordance with law and applicable rules and regulations.
5. Having regard to the aforesaid facts and circumstances of the case the instant writ application is hereby disposed of by directing the Petitioner to file a fresh representation before the Respondent no.3 along with all relevant documents with regard to the claim made in this writ application.
After receiving the detailed representation of the Petitioner, the
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Respondent no.3 will scrutinize the same and forward the claim of the Petitioner, if found applicable, to the Respondent no. 2 within a period of 8 weeks from the date of receipt of such representation and the Respondent no.2, in turn, shall pass a final order on the claim of the Petitioner within a further period of 8 weeks.
(Deepak Roshan, J.) Amit