2026:JHHC:25412 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6731 of 2024 --------- 1) Churaman Prasad Dangi aged about 68 years son of Late Kheman Mahto resident of house no.60/9C Yashwant Nagar, Barkagaon Road P.S &,P.O-Hazaribagh District - Hazaribagh, Jharkhand. 2) Gokul Narayan Das aged about 69 years son of Late Anter Narayan Das resident of Cementary Road house no.292/B P.S &,P.O-Hazaribagh District - Hazaribagh, Jharkhand ....Petitioner(s) Versus 1) State of Jharkhand. 2) Secretary, Department of Higher and Technical Education, Govt. of Jharkhand at Nepal House, P.O.- Doranda and P.S. Doranda, District-Ranchi/Jharkhand. 3) The Vice Chancellor, Vinoba Bhave University, P.O. Hazaribagh, P.S. Hazaribagh, Dist. Hazaribagh/ Jharkhand. 4) The Registrar, Vinoba Bhave University, P.O. Hazaribagh, P.S. Hazaribagh, Dist. Hazaribagh/ Jharkhand. ....Respondent(s) With W.P. (S) No. 2876 of 2025 --------- Urwashi Sinha, aged about 56 years, W/o late Rabindra Prasad, R/o Sector 6/A, Q. No. 2067, P.O. & P.S. Sector 6, District Bokaro, Jharkhand 827013. ....Petitioner(s) Versus 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, 1st Floor, Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand, 834004. 2. Principal Secretary, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O. & P.S. Doranda, District Ranchi, Jharkhand, 834002. 3. The Director, Higher Education, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O. & P.S. Doranda, District Ranchi, Jharkhand, 834002. 4. Binod Bihari Mahto Koyalanchal University, Dhanbad through its Registrar, Government Polytechnic Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. 5. The Vice Chancellor, Binod Bihari Mahto Koyalanchal University, Dhanbad, Government Polytechnic Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. 6. The Registrar, Binod Bihari Mahto Koyalanchal University, Dhanbad, Government Polytechnic Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. ....Respondent(s) With W.P. (S) No. 3082 of 2025 --------- Dr. Birendra Kumar Singh, aged about 67 years, S/o late Rajroop Singh, R/o Sector 3-E, Q. No. 233, P.O. & P.S. B.S. City, District 2026:JHHC:25412 2 Bokaro, Jharkhand 827003 ....Petitioner(s) Versus 1. The State of Jharkhand, through the Principal Secretary, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O. & P.S. Doranda, District Ranchi, Jharkhand, 834002. 2. The Director, Higher Education, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O. & P.S. Doranda, District Ranchi, Jharkhand, 834002. 3. Binod Bihari Mahto Koyalanchal University, Dhanbad through its Registrar, Government Polytechnic Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. 4. The Vice Chancellor, Binod Bihari Mahto Koyalanchal University, Dhanbad, Government Polytechnic Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. 5. The Registrar, Binod Bihari Mahto Koyalanchal University, Dhanbad, Government Polytechnic Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. ....Respondent(s) With W.P. (S) No. 3104 of 2025 --------- 1. Dr. Asit Kr. Tiwari @ Asit Kumar Tiwary, aged about 69 years, S/o Balaram Tewary, R/o House No. 42, Street No. 01, Rajendra Nagar, Chira Chas, P.O. & P.S. Chas, District Bokaro, Jharkhand. 2. Dr. P.K. Jha @ Prakash Kumar Jha, aged about 70 years, S/o late Banke Lal Jha, R/o Q. No. 7069, Sector 4F, PO & PS B.S. City, District Bokaro, Jharkhand, 827004. 3. Dr. B.K. Singh @ Binod Kumar Singh, aged about 70 years, S/o Satya Narayan Singh, R/o Quarter No. 2205, Sector 4/F, Bokaro Steel City, PO & PS B.S. City, District Bokaro, Jharkhand. ....Petitioner(s) Versus 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, 1st Floor, Project Building. Dhurwa, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand, 834004. 2. Principal Secretary, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O. & P.S. Doranda, District Ranchi, Jharkhand, 834002. 3. The Director, Higher Education, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O. & P.S. Doranda, District Ranchi, Jharkhand, 834002. 4. Binod Bihari Mahto Koyalanchal University, Dhanbad through its Registrar, Government Polytechnic Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. 5. The Vice Chancellor, Binod Bihari Mahto Koyalanchal University, Dhanbad, Government Polytechnic Road, P.O. & P.S. Dhanbad, 2026:JHHC:25412 3 District Dhanbad, Jharkhand, 828130. 6. The Registrar, Binod Bihari Mahto Koyalanchal University, Dhanbad, Government Polytechnic Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. ....Respondent(s) With W.P. (S) No. 5011 of 2025 --------- 1. Pradip Kumar Jha, aged about 65 years, son of Late Sadanand Jha, resident of MRA-31, Argora Housing Colony, P.O. Doranda, P.S. Argora, District Ranchi/ Jharkhand. 2. Narendra Jha, aged about 71 years, son of Late Rama Kant Jha, resident of 325 C, Old AG Colony, Kadru, P.O. Doranda, P.S. Argora, District Ranchi/ Jharkhand. 3. Ashok Kumar Dubey, aged about 67 years, son of Sri Ram Ekbal Dubey, resident of House No.18, St. Peter's School Campus, Birsa Chowk, Bandhu Nagar Road, P.O. and P.S. Doranda, District Ranchi/Jharkhand. 4. Deo Prasad Sarkar, aged about 69 years, son of Late Durga Pada Sarkar, resident of Flat No.601, Himadri Apartment, South Office Para, P.O. and P.S. Doranda, District Ranchi/ Jharkhand. 5. Subhas Chandra Mukherjee, aged about 67 years, son of Late Bankum Chandra Mukherjee, resident of Flat No.404, Block-A, Samridhi Elegance, Anantpur, P.O. and P.S. Doranda, District Ranchi/Jharkhand. 6. Sharda Nand Prajapati, aged about 69 years, son of Late Chola Ram Prajapati, resident of Vidya Nagar (West), Near Shiv Hanuman Mandir, Harmu, P.O. Harmu, P.S. Sukhdeo Nagar, District Ranchi/Jharkhand. 7. Ishwari Narayan Das, aged about 73 years, son of Late Munindra Narayan Das, resident of 17/1, Choudhary Niwas, Behind R.K. Mission, Sri Krishna Puri, P.O. Morabadi, P.S. Morabadi, District Ranchi/Jharkhand. 8. Sudarshan Singh, aged about 73 years, son of Late Gaya Prasad Singh, resident of House No.101, Hawai Nagar, Road No.3, Hatia, P.O. Hatia, P.S. Jagannathpur, District Ranchi/ Jharkhand. ....Petitioner(s) Versus 1. The State of Jharkhand 2. Secretary, Department of Higher and Technical Education, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. 3. The Vice-Chancellor, Ranchi University, P.O. Ranchi University, P.S. Lalpur, District Ranchi/ Jharkhand. 4. The Registrar, Ranchi University, P.O. Ranchi University, P.S. Lalpur, District Ranchi/ Jharkhand. 5. The Principal, Yogoda Satsang Mahavidyalaya, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi/ Jharkhand. ....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : M/s. Saurav Arun, Bhanu Kumar No.1, 2026:JHHC:25412 4 Rohit Ranjan Singh, Advocates Mr. Baibhaw Gahlaut, Advocate Mr. Shubham Gautam, Advocate For the Respondent(s) : Mr. Rakesh Kumar Roy, A.C. to G.A.-III Mr. Abhinay Kumar, A.C. to G.A.-I M/s. Amaresh Kumar, Rashi Sharma, Riya Raj, Advocates --------- 04/Dated: 18.08.2026 1. Heard learned counsel for the respective parties. Since all these cases involve same and similar issue; as such, with consent of all the parties, all these cases are heard together and are being disposed of by this common order. 2. The writ application being W.P. (S) No. 6731 of 2024 has been preferred by the petitioners praying therein for the following reliefs: a) For issuance of a writ(s)/order (s)/direction (s) or a writ in the nature of certiorari for quashing of part of Letter dated 13.06.2022 and 09.10.2023, as contained in Annexure-2, 2/1 by which the pay scale of the Petitioner has been fixed at Rs.12,000 in place of Rs 14,940 and further it has stated that the increment will be given to the lecturer only. b) For issuance of a writ(s)/order (s)/direction (s) or a writ in the nature of certiorari for quashing of Letter dated 08.09.2023, as contained in Annexure-6 as by Executive order section 2(v) of University Act cannot be amended. c) For issuance of a writ(s)/order (s)/direction (s) or a writ in the nature of mandamus commanding upon the respondents to fix pay scale of the Petitioner in the terms of letter dated 30.11.2004 & 30.05.2005 and fix the same in basic pay scale of Rs 14,940 and pay arrears thereof. d) For issuance of a writ(s)/order (s)/direction (s) or a writ in the nature of mandamus declaring the act of the authority as bad in law, as section 2(v) of University Act cannot be amended by executive order and moreover wrong fixation has been done without giving any show cause to the Petitioner, no opportunity has been given for being heard before issuance of impugned order. e) For issuance of a writ(s)/order (s)/direction (s) or a writ in the nature of mandamus commanding upon the Respondents to fix the basic pay scale of Rs 14,940 on completion of 5 years as a Reader and being having PhD and also declare the fixation is wrong as Rs 3625 w.e.f. 01.01.1996 which replacement scale is Rs 12000 in place of Rs 14940. 3. The writ application being W.P. (S) No. 2876 of 2025 has been preferred by the petitioner praying therein for the following reliefs: (A) For issuance of writ in the nature of certiorari or any other appropriate writ, order, or direction upon the Respondents for quashing of the part of the letter dated 26.06.2022 (Annex. 6), wherein it is noted that PhD increment is payable only to the Lecturer/Asst. Professor. (B) For issuance of writ in the nature of mandamus or any other 2026:JHHC:25412 5 appropriate writ, order, or direction upon the Respondents to grant the benefit of two (2) PhD increments to the Petitioner's husband, late Rabindra Prasad, and accordingly, fix the pay of the Petitioner's husband on the post of Reader as per the UGC 5th, 6th, and 7th Pay Scale, and consequently, pay arrears of salary, and other consequential benefits accruing thereof. 4. The writ application being W.P. (S) No. 3082 of 2025 has been preferred by the petitioner praying therein for the following reliefs: (A) For issuance of writ in the nature of certiorari or any other appropriate writ, order, or direction upon the Respondents for quashing of the part of the Letter dated 08.05.2023 (Annex. 5), wherein it is noted that PhD increment is payable only to the Lecturer/Asst. Professor. (B) For issuance of writ in the nature of mandamus or any other appropriate writ, order, or direction upon the Respondents to grant the benefit of two (2) PhD increments to the Petitioner, and accordingly, fix the pay of the Petitioner on the post of Lecturer (Senior Scale) as per the UGC 5th, 6th, and 7th Pay Scale, and consequently, pay arrears of salary, and other consequential benefits accruing thereof. 5. The writ application being W.P.(S) No.3104 of 2025 has been preferred by the petitioners praying therein for the following reliefs: (A) For issuance of writ in the nature of certiorari or any other appropriate writ, order, or direction upon the Respondents for quashing of the part of the Notification dated 03.08.2022 (Annex. 6), wherein it is noted that PhD increment is payable only to the Lecturer/Asst. Professor. (B) For issuance of writ in the nature of certiorari or any other appropriate writ, order, or direction upon the Respondents for quashing of the part of the part of the Notification dated 23.08.2022 (Annex. 6A), wherein it is noted that PhD increment is payable only to the Lecturer/Asst. Professor. (C) For issuance of writ in the nature of mandamus or any other appropriate writ, order, or direction upon the Respondents to grant the benefit of two (2) PhD increments to the Petitioners, and accordingly, fix the pay of the Petitioners on the post of Reader as per the UGC 5th, 6th, and 7th Pay Scale, and consequently, pay arrears of salary, and other consequential benefits accruing thereof. 6. The writ application being W.P. (S) No. 5011 of 2025 has been preferred by the petitioners praying therein for the following reliefs: a. For issuance of an appropriate writ(s)/order (s)/direction (s) or particularly writ in the nature of mandamus commanding upon the respondents to fix the pay scale of the petitioners as Rs.14940/- in place of Rs.12000/- in terms of letter dated 30.11.2004 and 31.05.2005. b. For issuance of an appropriate writ(s)/order (s)/direction (s) or particularly writ in the nature of mandamus commanding upon the respondents to consider the case of the petitioners for refixation of the pay scale at Rs.14,940/- and pay arrears thereof with effect from 01.01.1996 till date, and also in view of the guideline issued by the Ministry of Human Resource Development, Department of Secondary 2026:JHHC:25412 6 and Higher Education, Government of India, and the same was implemented and adopted by the State of Jharkhand vide its letter dated 31.05.2005. Hence, the petitioner is also entitled for the same. c. For issuance of an appropriate writ(s)/order (s)/direction (s) or particularly writ in the nature of mandamus commanding upon the respondents to refix the Pay Scale of the petitioners in pay scale of Rs.12000-420-18300/- and the basic of which comes to Rs.14940/-. d. For issuance of an appropriate writ(s)/order (s)/direction (s) or particularly writ in the nature of mandamus commanding upon the respondents to fix pay scale of the Petitioner in the terms of letter dated 30.11.2004 & 31.05.2005 and fix the same in basic pay scale of Rs 14,940/- and pay arrears thereof. e. For issuance of an appropriate writ(s)/order (s)/direction (s) or particularly writ in the nature of mandamus declaring the act of the authority as bad in law, as section 2(v) of University Act cannot be amended by executive order and moreover wrong fixation has been done without giving any show cause to the Petitioner, no opportunity has been given for being heard before issuance of impugned order. f. For issuance of an appropriate writ(s)/order(s)/direction(s) or particularly writ in the nature of mandamus commanding upon the Respondents to fix the basic pay scale of Rs. 14,940/- on completion of 5 years as a Reader; also declare the fixation is wrong as Rs. 3,625/- w.e.f. 01.01.1996, which replacement scale is Rs. 12,000/- in place of Rs. 14,940/-, as some of the petitioners having Ph.D. and some are entitled as per dated 30.11.2004 and 30.05.2005, as they have completed 5 years as Reader after being promoted to said post and pay arrear thereof as the issue is at rest up to the Hon'ble Supreme Court i.e. merger scale to be given in pay scale of Rs.3700-5700/-. g. For issuance of an appropriate writ(s)/order (s)/direction (s) or particularly writ in the nature of mandamus commanding upon the Respondents to pay the arrears of salary to the Petitioners forthwith, after re-fixation of pay in the basic scale of Rs. 14,940/- with effect from 01.01.1996, along with all consequential benefits, including interest, in view of the pay revision guidelines and Government Orders dated 30.11.2004 and 31.05.2005. h. For issuance of an appropriate writ(s)/order (s)/direction (s) or particularly writ In the nature of mandamus commanding upon the respondents to show-cause as to how and under what authority the Ph.D. increment given to the petitioners has been curtailed behind the back of the petitioners in violation of principle of substantial natural justice nor any reason has been assigned under which provision of law of University Act, the said curtailment has been done and fixed the pay scale of the petitioners in basic pay scale of Rs.12,000/- in place of Rs.14,940/- when the Statutes is very much clear in this respect that one who is the Ph.D degree holder is entitled to the advanced Ph.D. increment, can the respondents State especially travel beyond the University Act as the petitioners as well as the State or the University are governed by the Statute of the University Law. 7. At the outset, learned counsel for the respective petitioners submits that the issue of increment involved in all these writ applications have been set at rest by this Court in the case of W.P.(S) No.5455 of 2023 with analogous cases, wherein this Court has held as under: “6. Having heard learned counsel for the parties and after going through the documents annexed with the respective affidavits especially Annexure-5,6,11&15 in W.P.S No.5455/23, W.P.S No.5789/23, W.P.S No.7396/23, it appears that after the appeal preferred by the State was allowed and two scale of Reader was set aside; thereafter, the respondents came with provisional pay fixation of teachers in several colleges in which at 2026:JHHC:25412 7 the bottom it has been indicated as “Note-PhD increments will be applicable only for Lecturer/Assistant Professor” which has directly affected the pay scale of these petitioners who are readers. It has been stated that PhD increment is admissible to the Lecturer only. In this regard it is necessary to indicate that Section 2(V) defines Teacher as Principal, University Professor, College Professor, Reader, Lecturer, Demonstrator, and other person imparting instruction in Department, College or Institute maintained by the State. It further transpires from the Statute No.1 which is the general condition of the service, wherein Section 22(1) stipulates that the increment can be withheld as measures of punishment; otherwise entitles as a matter of course. At this stage it is also pertinent to mention that no notice was ever served to the respective petitioners before taking the decision. 7. It has been admitted by both the parties that statute no.22, 4th UGC pay scale has been adopted by State by virtue of appendix-1 Clause (11). Further 5th UGC scale has been adopted by the State and Clause 6 speaks about incentive for PhD/M. Phil qualification. Therefore, when Section 2(V) of the University Act itself says that Teacher means Reader also then simply by an executive order Section 2(V) of the University Act cannot be amended. In this regard it would be profitable to refer the judgment in the case of K. Kuppusamy & Anr. Vs. State of T. N. and others reported in (1998) 8 Supreme Court Cases 469 wherein it has been held by Hon’ble Apex Court that Rule framed cannot be overridden by executive orders or executive practice. For brevity para-3 of the said judgment is quoted hereinbelow: - 3. The short point on which these appeals must succeed is that the Tribunal fell into an error in taking the view that since the Government had indicated its intention to amend the relevant rules, its action in proceeding on the assumption of such amendment could not be said to be irrational or arbitrary and, therefore, the consequential orders passed have to be upheld. We are afraid this line of approach cannot be countenanced. The relevant rules, it is admitted, were framed under the proviso to Article 309 of the Constitution. They are statutory rules. Statutory rules cannot be overridden by executive orders or executive practice. Merely because the Government had taken a decision to amend the rules does not mean that the rule stood obliterated. Till the rule is amended, the rule applies. Even today the amendment has not been effected. As and when it is effected ordinarily it would be prospective in nature unless expressly or by necessary implication found to be retrospective. The Tribunal was, therefore, wrong in ignoring the rule. 8. The law is now no more res-integra that administrative instructions/circular/orders cannot override statutory rules. The note part in Annexure-5 & 6 referred to hereinabove indicates that PhD increment is admissible to Lecturer only which is against Section 2(V) of the University Act and as stated hereinabove the statute cannot amend by an executive order and accordingly Section 2(V) of the University Act cannot be amended by executive Act, even the increment payable to employees under the provisions of article 22 of the Statutes, framed under the provision of the University Act and approved by the Chancellor, and according to the said Article, increment is payable to the University servant as a matter of course, unless it is withheld by the authority empowered to appoint him, as a measure of punishment, on this ground also order impugned is bad in law. 9. Having regard to the aforesaid discussions, the note part indicated in Annexure-5 & 6 of W.P.(S) No.5455 of 2023, W.P.(S) No.5789 of 2023, W.P.(S) No.7396 of 2023 and also Annexure-11& 15 in respective Interlocutory Application wherein it has been stated that PhD increment is admissible to the Lecturer only, is hereby, quashed and set aside.” 8. It has been informed by learned counsel for the respective petitioners and also not disputed by learned counsel for the respective respondents that the issue involved in all these writ 2026:JHHC:25412 8 applications are same and similar and further the State has challenged the said order before the Division Bench of this Court, however, the same was dismissed on the ground of limitation, but the fact remains that thereafter, they have not filed any further application as per their information. 9. Having regard to the above, all these applications stand allowed on the same finding what has been given by this Court in W.P.(S) No.5455 of 2023 and other analogous cases, whereby, the impugned orders were quashed and set aside and the respondents were directed to give increment to the respective petitioners. 10. Accordingly, part of all the respective impugned orders i.e., Letter dated 13.06.2022 and 09.10.2023 (Annexure-2, 2/1), Letter dated 08.09.2023 (Annexure-6) in W.P.(S) No.6731 of 2024; Letter dated 26.06.2022 (Annexure-6) in W.P.(S) No.2876 of 2025; Letter dated 08.05.2023 (Annexure-5) in W.P.(S) No.3082 of 2025; Notification dated 03.08.2022 (Annexure-6) and Notification dated 23.08.2022 (Annexure-6A) in W.P.(S) No.3104 of 2025, are hereby, quashed and set aside and the respondents are directed to give all consequential benefits to all the respective petitioners within a period of 12 weeks from the date of receipt of copy of this order. 11. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) AUGUST 18, 2026 vikas/- uploaded 27/08/2026