JHARKHAND HIGH COURT ISSUES ORDER ON DR. KAKOLI BASAK V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Sept. 17 -- Jharkhand High Court issued the following order on Aug. 18:

1. Heard the parties.

2. In this writ petition, the petitioner has prayed for a direction upon the respondents to pay the arrears of salary as per the 5th, 6th & 7th Pay Revision Commission in the Pay-Scale of Rs.12000-420-18300.

3. It is the case of the petitioner that the issue is no longer res integra and has already been decided by this Court and affirmed by the Hon'ble Division Bench of this Court wherein the issue regarding two pay-scales of 'Reader', has been struck down. It is also been submitted that the aforesaid judgments have already been affirmed by the Hon'ble Supreme Court in Special Leave to Appeal(Civil) No.11104/2020. The learned counsel for the petitioner submits that she is entitled to get the similar relief and the pay-scale which she has claimed. He submits that she has already filed a representation and suffice it would be if the representation of the petitioner is directed to be disposed of in terms of the judgment of this Hon'ble Court and the Hon'ble Supreme Court.

4. The learned counsel or the respondents submits that if the petitioner file a representation, her case will be considered and if it is found that the petitioner is entitled for any relief in terms of the judgment of Hon'ble Courts, appropriate order would be passed.

5. In view of the aforesaid submission, I direct the petitioner to file a detailed individual representation before the Registrar, Kolhan University, Chaibasa, West Singhbhum within a period of four weeks. Upon the receipt of the said representation, the University will consider the claim of the petitioner and if it is found that the petitioner is entitled for similar benefit as granted to Prashant Kumar Mishra & Ors. pursuant to the order passed in LPA No.22 of 2018, the Registrar will pass an appropriate order and will communicate the same to the State.

6. The State thereafter will approve the pay-scales as recommended by the respective Universities and thereafter will disburse necessary fund to the Universities. The University in turn will disburse the same to the petitioner.

7. If any part of the claim of the petitioner is turned down either by the University or the State, the authority who is rejecting the claim should communicate the detailed reasons to the petitioner.

8. The entire process should be concluded within a period of sixteen weeks from the date of receipt of the representations filed by the petitioner.

9. With the aforesaid observations, this writ petition is disposed of.

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