28
AT RANCHI
IN THE HIGH COURT OF JHARKHAND
JURISDICTION)
(LETTERS PATENT APPELLATE
of 2024
L.P.A. No.
02.01.2024 passed
[Arising out of order dated
2018]
in W.P. (S) No. 890 of
.APPELLANTS
State of Jharkhand & Ors.
-:VERSUS: -
..RESPONDENIS
Dr. Ram Krit Singh & Ors.
INDEX
Sl.
Particulars Pg.
No.
No
f o n
1. Synopsis ||--V
2. Letters Patent Appeal along |-24
with affidavit
3. Impugned order
A.J.R. No......KH..
Çase Dy. No....64..
Date..ulapaat
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(LETTERS PATENT APPELLATE JURISDICTION)
L.P.A, No. of 2024
02.01.2024
[Arising out of order dated
passed in W.P. (S) No. 890 of 20181
..APPELLANTS
State of Jhar khand & Ors.
:VERSUS:
..RESPONDENTS
Dr. Ram Krit Singh & Ors.
SYNOPSIS AND LIST OF DATES:
This Letters Patent Appeal is preferred
passed by
against the order dated 02.01.2024
Hon'ble Dr. Justice S.N. Pathak in W.P, (S)
Single
no. 890 of 2018 wherein the Hon' ble
to allow the Writ
Judge has been pleased
petition filed by the petitioner.
21.12.1965 The Writ petitioner Wa s
provisionally selected on the pOs t
of Lecturer, Electrica l
i
Engineering, Muzaffarpur Institute
an
of Technology, Muzaffarpur vide
order as contained in memo no.
acCordingly
6344 21.12.1965 and he
said post On
joined On the
03.01. 1966.
was
09.11.1966 Later on, the writ petitioner
Assistant Professor
appointed as
for six
in Electrical Engineering
months On temporarily basis vide
Notification contained in memo nO.
09.11.1966.
3727 Patna dated
services of the petitioner
09.07.1970 The
post by
were confirmed on the said
Notification Contained in
vide
09.07.1970.
memo no. 2850 dated
further
03.10.1985 The petitioner Was
&
appointed him on the vacant post
Electronics
29.01.1986 of Head of Department,
Telecommun ication Engineering,
Government Polytechnic, Ranchi
vide Notification Contained in
4520 Patna dated
memo no.
03.10.1985 and thereafter he was
appointed as Principal, Government
Polytechnic On reqular basis in
ii
terms of Notification Contained in
memo no. 390 dated 29.01.1986.
31.01. 2002 On attaining age of superannuation
60 years, he retired On
of
31.01.2002 from the post of Joint
Director, Science Technology,
Ranchi, however, the
Jharkhand,
petitioner
monthly pension of the
not revised hence the
Was
respondent no.1/petitioner filed a
(S) no.
Writ petition being W.P.
890 of 2018.
appellants/respondents have
The
their Counter affidavit
filed
dated 19.01. 2020 primarily stating
therein that the Resolution No.
783 dated 13.03.2012 is applicable
for the teachers who Were
appointed prior to 05.01.1979 and
were working on the post On
01.01.2006 and thereafter.
02.01.2024 The Hon'ble single judge without
Considering the aforesaid facts
Impugned
Order vide order dated 02.01.2024 has
pleased to allow the Writ
been
app]ication quashing an
iv
setting aside the opinion/decision
Contained in memo n0. 64, Ranchi
13.01. 2017 and letter no.
dated
776, Ranchi dated 06.04. 2017. The
directed
Hon' ble court has further
that since the petitioner has
year
already superannuated in the
fresh calculation
2002,
regarding his enhanced pensionary
shall be done and
benefits
payment is to be made,
whatever
shall be made within a
the Same
date
period of 12 weeks from the
of receipt/production of a copy of
this order.
Hence this Memo of Appeal
JHARKHAND AT RANCHI
IN THE HIGH COURT OF
SDICTION)
(LETTERS PATENT APPELLATE JURI
L.P.A. No. of 2024
passed
[Arising out of order dated 02.01.2024
in W.P. (S) No. 890 of 2018]
IN THE MATTER OF:
It
1Liketho7
krpoey
|5||cfaol4
An appeal under Clause
10 of the Letters
Patent;
AND
IN THE MATER OF:
1. The State of Jharkhand through the
Cecretary, Gove rnme
2
Jharkhand, Higher, Technical Education
Skill Development Department, Yojna Bhawan,
District
Nepal House, P.O. & P.S. -Doranda,
Ranchi-834002, Jharkhand
Government of
2. The Principal Secretary,
Planning & Finance Department,
Jharkhand,
Jharkhand Mantralaya, P.0. & P.S.-Dhurwa,
District-Ranchi-834004, Jharkhand
The Deputy Secretary to the Government,
3.
Education &
Department of Higher, Technical
Skill Development, Jharkhand, Yojna Bhawan,
District
Nepal House, P.O. & P.S. -Doranda,
Ranchi-834002, Jharkhand
4. The Treasury Officer, District Treasury,
P.0,-Ranchi G.P.0., P.S.-Kotwali,
Ranchi,
District-Ranchi, 834001, Jharkhand
.Appellants/Respondent Nos 1,2,3,4
3
Versus
Ram Krit Singh, S/o Late Narsingh
1. Dr.
(Retired Principal, Government
Singh,
retired from the
Polytechnics Cadre)
of the Joint Director,
equivalent post
Jharkhand, Ranchi
Science Technology
House No.
while on deputation, resident of
C-29 (Pansa Kothi), at & P.0.-Harmu Housing
Town & District
Colony P.S.-Argora,
Ranchi-834002, Jharkhand
Writ Petitioner/Respondent
The Accountant General (A&E), Jharkhand,
2.
P.0. & P.S.-Doranda, District
Hinoo,
Ranchi-834002, Jharkhand
State Bank
3. The Assistant Gerneral Manager,
of India, Centralized Pension Processing
Centre, 4th Floor Administrative Office
Building, J.C. Road, P.O., P.S. & District
Patna-800001, Bihar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 890 of 2018
Dr. Ram Krit Singh Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary, Govt. of
Jharkhand, Higher, Technical Education & Skill Development
Department, Ranchi.
2. The Principal Secretary, Govt. of Jharkhand, Planning & Finance
Department, Ranchi.
3. The Deputy Secretary to the Government, Department of Higher,
Technical Education &Skill Development, Jharkhand, Ranchi.
4. The Treasury Officer, District Treasury, Ranchi.
5. The Accountant General (A&E), Jharkhand, Ranchi.
6. The Assistant General Manager, State Bank of India, Centralised
Pension Processing Centre, Patna.
Respondents.
CORAM: HON'BLE DR. JUSTICE S.N.PATHAK
For the Petitioner Mr. Arvind Kr. Singh, Advocate
For the Resp. Dr. Vandana Singh, Sr.SC-III
Mr. Rajesh Kumar, Advocate
09/ 02.01.2024 Heard the parties.
2. Petitioner has approached this Court with a prayer for quashing the
opinion/ decision contained in memo No. 64, Ranchi dated 13.01.2017 and
letter No. 776, Ranchi dated 06.04.2017 (Annexures- 15 & 17
respectively)
by which petitioner has been denied revision of his pension pursuant to
recommendation of 6th PRC.
3. As per the facts of the case the petitioner appears to be
appointed
afresh to the post of Principal which is evident from the appointment letter
annexed at Annexure-1/11 to the writ petition. It further appears from
perusal of para-5 of the writ petition wherein a chart has been give which
shows the initial and fresh appointment of the petitioner to the post of
Principal for the period from 01.02.1986 to 21.07.1986 and as such, he is
entitled for pay-revision which was wrongly rejected by the respondents
vide Annexures-15 & 17.
2
Challenging the said Annexures by which the petitioner has been
denied the pay-revision as per the recommendation of 6h PRC, the
petitioner has been constrained to knock the door of this Court.
4. Mr. Arvind Kumar Singh, learned counsel for the petitioner
vociferously argues that petitioner is entitled for the pay-revision in view of
recommendation of 6h PRC. Attention has been drawn to Clause-5(xix)) of
Resolution of Science and Technology Department, Govt. of Jharkhand,
Ranchi as contained in memo No. 783 dated 31.03.2012 and it is submitted
that in the case of the petitioner the respondents have wrongly construed
that Clause-16 of the said Resolution attracted whereas the same is not
attracted in the case of the petitioner. It is only Clause-5(xix) which is
attracted in the case of petitioner and thus, he is entitled for pay-revision as
per recommendation of 6th PRC.
5. On the other hand, Dr. Vandana Singh, learned counsel appearing for
the respondent-State vehemently opposing the contention of learned
counsel for the petitioner submits that from Clause-16 of Resolution
dated 31.03.2012, it is clear that those who had not been in service from
01.01.1996 are not entitled for the pay-revision. It has been further
argued that though petitioner was appointed on 01.02. 1986 to the post of
Principal but his initial appointment was on 03.01.1966 as Lecturer and
as such, appointment was prior to 05.01.1979 and he is not entitled for
pay-revision.
6. Mr. Rajesh Kumar, learned counsel appearing for the respondent
Bank submits that it is the respondent-State who has to recommend the case
of petitioner and after recommendation, the respondent-Bank has to follow
the same and make payment as per the direction and recommendation of the
respondent-State.
7. Having heard the rival submissions of the parties across the bar, this
Court is of the considered view that petitioner is entitled for pay-revision.
The respondent-authorities have wrongly construed that the appointment of
the petitioner was made on 03.01.1966. Admittedly, petitioner was
appointed initially on 03.01.1966 to the post of Lecturer but subsequently,
petitioner was appointed afresh to the post of Principal on 01.02, 1986
where he served the Department till 21.07.1986. From bare perusal of
Clause-16 and Clause-5(xix) it is crystal clear that petitioner is entitled for
pay-revision since appointment to the post of Principal was a fresh
come in the way of
appointment and cut-off date 01.01.2006 will not
petitioner as per 6th PRC since
releasing and fixing pay/ pension of
same in view of Clause-5(xix) of
petitioner was very much entitled for the the
dated 31.03.2012, page 69 to the writ petition. Since
the Resolution
aspect of
have misconstrued the factual aspects as well as legal
respondents stand
impugned orders at Annexures-15 & 17 have no leg to
the matter, the
therefore, they are fit to be quashed and set aside.
and
opinion/ decision contained in memo No.
Resultantly, the impugned
8. Ranchi dated 06.04.2017
dated 13.01.2017 and letter No. 776,
64, Ranchi aside. Since
hereby quashed and set
respectively) are
(Annexures- 15 & 17 2002, a fresh
superannuated in the year
has already benefits shall be done
and
the petitioner pensionery
enhanced
calculation regarding his be made within a period of
same shall
payment is to be made, the production of a copy
of this
whatever receipt/
weeks from the date of reconsider the matter as per
12(twelve) directed to
respondent-Bank is also recommendation of the
order. The the fresh
this Court and as per
the order of petition
respondent-State. directions, the writ
observations and
aforesaid
9.
With the
stands allowed. Pathak, J.)
(Dr. S.N.
OFFICE OF THE
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E-mail : agaejharkhand@cag.gov.in
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E-mail: agaejharkhand@cag.gov. in
