2026:JHHC:12695 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ----- W.P.(S) No.7429 of 2017 ----- Sumitra Devi, wife of late Umakant Mishra, resident of village Hutturu, PO, PS and District: Hazaribagh. At present resident of village Charki Pahari, PO Deoghar, PS Kunda Thana, District Deoghar. …… Petitioner Versus 1. The State of Jharkhand 2. The Director, Higher Education Human Resources Development Department, Government of Jharkhand Project Bhawan, HEC Dhurwa, PO Dhurwa, PS Jagarnathpur, District Ranchi (Jharkhand). 3. Vinoba Bhave University, Hazaribag, through its Vice Chancellor, Vinoba Bhave University, Hazaribag, PO and PS: Hazaribag and District Hazaribag. 4. The Registrar, Vinoba Bhave University, Hazaribag, PO, PS and District Hazaribag. 5. Principal, St. Columbas College, Hazaribag PO and PS: Hazaribag, District Hazaribag. ……Respondents CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------- For the Petitioner(s) :Mr. Rajiv Nandan Prasad, Advocate; Mr. Pankaj Kumar, Advocate For the State :Mr. Mrinal Kanti Roy, GA-I; Mr. Abhinay Kumar, AC to GA-I For the VBU :Mr. Kumar Harsh, Advocate ------ Order No.18/Dated:29/04/2026 1. The present writ petition under Article 226 of the Constitution of India has been filed seeking following relief(s): (i) For issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to fix the salary of her deceased husband for the post of laboratory boy (Grade III post) and make payment of arrear including increment of salary of her deceased husband for the said post (Laboratory boy Grade 2026:JHHC:12695 2 III) for the period of 07.04.1997 to 10.12.2005 for which her deceased husband worked in St. Columbas College, Hazaribag. (ii) For further direction to respondents to Fix the salary of her deceased husband on the basis of fifth pay scale from 01.01.1996 to 10.12.2005 (date of death) pursuant to the letter dated 4.9.2013 by which the salary of the deceased husband of petitioner was fixed from 01.01.1996 on the basis of fifth pay scale. (iii) For further direction to respondents to make payment of arrear of salary for which her deceased husband was entitled as per fifth pay scale and further fix the pension of the petitioner on the basis of revised pay scale i.e. fifth pay scale payable to her deceased husband and make payment of arrear of her pension amount payable to her including second time bound promotion for the period of 1991 to 2001. (iv) For further direction for payment of cost and damages to the petitioner. Factual Matrix: 2. The brief facts of the case as per pleadings made in the instant writ petition require to be enumerated herein which read as under: (i) It is stated that the husband of the petitioner, namely, Sri Uma Kant Mishra was working as 9 staff in St. Columba’s College, Hazaribag and by memo no. 7653- 63 dated 23 October 1979 his service was continued as contingent Staff and by way of Memo No. B/1 1567- 78 dated 22.3.87 the deceased husband of the 2026:JHHC:12695 3 petitioner was appointed as a Peon with effect from 01.07.1981. (ii) It is further stated that by letter dated 5.4.1997 duly signed by respondent no.5 on 7.4.1947 the office of the Principal St. Columbas College Hazaribag issued an order by which the husband of the petitioner was appointed as Store Keeper (Physics) and he was directed to report the new assignment with immediate effect. (iii) It is stated that on 23.5.1998 the deceased husband of the petitioner presented his application before respondent no.3 for his promotion stating therein that since 1979 he is working in this college, but till date he was not given promotion but from 7.4.1997 he was assigned the work of store keeper. (iv) It is further stated that on 15.3.2002 the Principal of St. Columba’s College also referred his letter to the Registrar Vinoba Bhave University, Hazaribag for promotion of petitioner’s husband from Grade-IV to Grade-III as he was working in that Grade –III post since 1997. (v) It is stated that on 05.02.2004 the Deceased husband of the petitioner gave his representation through proper channel addressing to Registrar, Vinoba Bhave University, Hazaribagh stating that he was initially 2026:JHHC:12695 4 appointed as Laboratory bearer and w.e.f. 07.04.1997 he was directed to perform his duties as Store Keeper but till date he is getting his pay scale for Laboratory bearer which is Grade IV Post although he is working for the post of Grade III post. (vi) It is also stated that the date of superannuation of the petitioner's husband was fixed in the year 2007 but unfortunately the husband of petitioner died in harness on 10.12.2005 without getting his promotion or salary for the post of Lab. boy for which he was working since 1997. (vii) By Memo No. VBU/Esstt/223/2006 dated 07.02.2006 the husband of petitioner was promoted under time bond promotion scheme from the date of substantive appointment in which the Designation of her deceased husband has been shown as Lab.boy. (viii) On 10.01.2012 the petitioner has presented her representation before the respondent No.3 stating therein that since her husband died in harness on 10.12.2005 from the post of Lab. boy but in 2006 he was given first time bound promotion and therefore she requested to fix the salary of her husband for the post of Lab. boy and also requested for second time bound promotion for the period of 1991 to 2001. 2026:JHHC:12695 5 (ix) By way of letter dated 04.09.13 the salary of employees of St. Colambas college Hazaribag was recommended on the basis of fifth pay scale from 01.01.1996 but the salary of the husband of the petitioner was fixed for the post of Peon although he was working for the post of Lab boy since 1997. (x) It is stated that on 6.1.2014 the petitioner again gave her representation to respondent no.3 stating that vide Letter dated 4.9.13 the salary of her husband was recommended on the basis of fifth pay scale from 01.01.1996 therefore she again requested to pay the arrear of salary of her deceased husband and also fix pension on that basis. (xi) On 24.09.2014 the petitioner again presented her representation stating therein that since the salary of her deceased husband was recommended on the basis of fifth pay scale from 01.01.1996 and vide letter dt. 07.7.2006 her husband was appointed on the post of Lab. Boy. Therefore she requested to fix the salary of her husband on the basis of the 5th pay scale for the post of Lab. boy. (xii) On 12.10.2015 the petitioner has given her another representation wherein she has again requested to respondents (particularly respondent no.3) to make payment of dues, arrear of salary including gratuity on 2026:JHHC:12695 6 the basis of fifth pay scale for which her deceased husband was entitled for. (xiii) On 07.02.2017 the petitioner presented her representation before respondent No.2 through respondent no. 3 enclosing all documents/Notifications wherein she has stated that since her husband was working on the post of Lab. boy since 1981 to 2005 but vide letter dt. 4.9.2013 the salary of her husband was fixed and shown for the post of Peon although by notification dt. 07.02.2006 the designation of her Deceased husband has been shown as Lab. boy therefore she requested to make payment for the post of Lab. boy on the basis of 5th pay scale. Arguments advanced on behalf of the petitioner: 3. The learned counsel appearing for the writ petitioner has submitted that he is confining his prayer so far as it relates to disbursement of the benefit of time bound promotion. The obvious reason is that the State Government has come out with the Policy as contained in Memo No. 660 dated 8.2.1999 by which the State Government has taken a decision to recall the benefit which was being given by up-gradation in the pay-scale by way of time-bound-promotion with effect from 01.01.1996 but without any recovery. 4. The only insistence has been made that the revised pay-scale should be Rs.3280 in the pay-scale of Rs.2610-3540 attached with the post which the husband of the writ petitioner was holding, which the State 2026:JHHC:12695 7 Government has approved and forwarded it to the University but the University without any rhyme and reason and also having no competence has made a query by raising a question of wrong fixation of pay-scale. Arguments advanced on behalf of the State: 5. Mr. Mrinal Kanti Roy, the learned counsel appearing for the State has submitted that the husband of the writ petitioner was holding Class-IV post and has died in harness on 10.12.2005 prior to coming into effect of the 5th Pay Revision Commission which came into effect on 01.01.2006. It is submitted that the State Government has accepted the entitlement of the husband of the writ petitioner by virtue of grant of revision in the pay-scale by replacing it from Rs.2610-3540. 6. Mr. Roy has further submitted that there is no dispute, the moment the recommendation of the Central Pay Commission has been accepted by conferment of the pay-scale of the Class IV employee, i.e., to the pay-scale of Rs.2610-3540, the same was approved and also forwarded to the University, now it is lying pending at the end of the Vinoba Bhave University only. Arguments advanced on behalf of Vinoba Bhave University: 7. Mr. Kumar Harsh, the learned counsel representing the Vinoba Bhave University, Hazaribag has referred to paragraph nos. 9 & 12 of the counter-affidavit and has raised a question of wrong fixation of pay-scale. Analysis: 8. This Court is proceeding to consider the disbursement of the arrears of difference of salary based upon the replacement scale of Rs. 2026:JHHC:12695 8 2610-3540 along with its consequential benefits, i.e., of the difference in the pensionary benefit. 9. When the Court has posed a question that what is the jurisdiction of the University raising the issue of entitlement, once the State Government, on adoption of recommendation of CPC, has come out with a decision that the husband of the writ petitioner is entitled to get the pay- scale of Rs.2610-3540 then he has fairly submitted that there is no jurisdiction available as per the University Act, 2000. 10. This Court based upon the submissions made by the learned counsel for the State accepting the entitlement of the petitioner that the pay-scale of Rs.2610- 3540 was to be disbursed in favour of the husband of the writ petitioner, even though, the husband of the writ petitioner died on 10.12.2005 11. This Court, in view of the aforesaid, is hereby directing the respondent No.3-Vinoba Bhave University, Hazaribag through its Vice Chancellor to disburse the arrears of difference of salary of the deceased husband of the writ petitioner and, thereafter, re-fix the family pension and after re-fixing the same also release the difference of the quantum of family pension. 12. Let the entire difference of arrears of salary and the differential amount of the family pension be released from the period of eight weeks from the date of receipt of the copy of this order along with the statutory interest . 13. The instant writ petition accordingly disposed of. 2026:JHHC:12695 9 14. Pending interlocutory application (s), if any, also stands disposed of. (Sujit Narayan Prasad, J.) Date:29/04/2026 KNR/AFR Uploaded On: 04 / 05 /2026