2026:JHHC:12339 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4735 of 2024 Janak Kumari Sinha, aged about 77 years, W/o of Late Kedar Nath Sinha, R/o- Morabadi, Opposite- Divyayan, H.No: 16/D, P.O.- Morabadi, P.S.- Bariatu, District- Ranchi, Jharkhand ......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. and P.S. Doranda, District Ranchi. 3. The Deputy Director, Higher and Technical Education Department, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. 4. The Registrar, Ranchi University, Ranchi, having its office at near Shaheed Chowk, P.O.- G.P.O., P.S.- Lalpur, District Ranchi .....Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Rajesh Kumar, Advocate For the Resp.-State : Mr. Faisal Allam, A.C to S.C Mines-III) For the Resp.-R.U : Dr. Ashok Kumar Singh, Advocate -- 07/20.04.2026 Heard learned counsel for the parties. 2. The instant writ petition has been preferred by the petitioner for the following reliefs: (A) For quashing the letter dated 06.02.2024 (Annexure-6) as contained in Letter No. 172 issued under the signature of the respondent no. 3 in favour of the respondent no.4 whereby and whereunder earlier granted promotion to the post of Demonstrator (Selection Grade) on 06.02.2016 has been cancelled contrary to the judgment rendered by Hon'ble Apex Court in S.L.P. No. 4215-16 of 2002 (arising out of S.L.P. Nos. 7021 and 7022 of 1999). (B) For a direction upon the respondents to fix the salary of the petitioner as Demonstrator (Selection Grade) from the date of promotion i.e., 01.08.2000 vide Notification dated 06.02.2016 as contained in Memo No. D/147/16 under 5th revised pay scales of Rs.8000-13500 w.e.f. 01.01.1996 and 6th revised pay scale of Rs 9300-34800 and Grade Pay 5400 w.e.f. 01.01.06 and release all the arrears of salary, all 2026:JHHC:12339 2 unpaid dues and retirement and pensionary benefits and inter-alia Gratuity, Earned Leave, and arrears of salary and other legally entitled benefits with the statutory interest rate of 8% P.A. from the date of 19.10.2016 which is the date on which all similarly situated persons have got the benefit except the Petitioner. 3. Briefly stated, the petitioner was appointed as Lab-in-Charge on 25.08.1981 and posted at Department of Domestic Science, Ranchi Women's college vide Notification dated 25.08.1981 and she retired on 31.01.2007 on attaining the age of 60 years. Thereafter, the petitioner was promoted and de-designated to the Post of Demonstrator and the pay fixation was done by the Department of Higher Education, Government of Jharkhand under 5th and 6th Pay Revision, vide Pay Fixation Chart dated 12.05.2010 and 18.11.2014. By notification dated 06.02.2016 issued by the Ranchi University, the petitioner was promoted to the post of Demonstrator (Selection Grade) with effect from 01.08.2000 along with few other persons. In furtherance of the above stated promotion order, the Higher, Technical and Skill Development Department, Government of Jharkhand, vide notification dated 19.10.2016, thereby revised the Fifth Revised Pay Scale of Rs 8000-13,500 and in 6th Revised scale of Rs 9300-34,800 with Grade Pay 5400 w.e.f. from 01.01.2006. 2026:JHHC:12339 3 Petitioner filed several representations before the University authorities, all in vain. Hence, this writ application. 4. Learned counsel for the petitioner draws attention of this Court towards Annexure-3, particularly page no. 26, which is a notification dated 19.10.2016, whereby 5th & 6th Revised Pay Scale was taken care of; however, the petitioner was left out with rest of his co- employee for want of photocopy of his service book. 5. Learned counsel further draws attention towards Annexure-6 which is appended to the supplementary affidavit dated 22.08.2024 and submits that from bare perusal of letter dated 06.02.2024, it appears that the same has been issued as against the direction passed in Civil Appeal No. 4215 -16 of 2002. Learned counsel further submits that the notification, according to which 5th and 6th Pay Revision was deliberated, wherein unfortunately the petitioner was left out, is of 19.10.2016 and now after a gap of 8 years the State has taken a decision that why the revised pay which has been granted to other co-employee be not cancelled. 6. Learned counsel appearing for the Respondent- University draws attention to the same letter dated 06.02.2024; however he submits that the instant application is pre-mature at this stage in view of the fact that the letter dated 06.02.2024 is a show-cause issued by 2026:JHHC:12339 4 the Dy. Director, Higher Education and addressed to the Registrar, Ranchi University. Learned counsel fairly submits that now it is the State, who has to take a decision in the matter; however, there is nothing on record in the affidavit of the State that as to whether the University has replied to this notice or whether the State has taken any decision. 7. Accordingly, the instant writ application is hereby disposed of by directing the Respondent-University to verify the records of the case as to whether it has replied to the show-cause dated 06.02.2024 addressed to the Registrar, Ranchi University and if it has not replied; then, it must reply within a period of 4 weeks. Thereafter, the State is directed to take a decision on the letter dated 06.02.2024 within a period of 12 weeks; however it is categorically observed that the order passed by Hon’ble Apex Court in the same issue relating to the grievance of Demonstrators shall be taken into account while taking a final decision if the same is not taken till date. 8. It is also pertinent to observe that the ground for not taking into consideration the case of the petitioner as it appears from page-26 of the writ application is non-est in the eye of law; inasmuch as, her case was not considered for the reason that the service book was not available, but needless to say that service book is such a document which is always kept in the office of the employer, as such, that 2026:JHHC:12339 5 observation in page-26 is non-est in the eye of law and that part is quashed. 9. Accordingly, the instant writ application stands disposed of with the aforesaid direction. Pending I.A(s), if any, stands closed. (Deepak Roshan, J.) 20th April, 2026 Jk Uploaded on 21/05/2026