RANCHI, India, June 16 -- Jharkhand High Court issued the following order on May 15:
1. Heard learned counsel for the parties.
2. The issues involved in this batch of writ application are common and as such the facts of the first writ application i.e. W.P.(S) no. 4985 of 2024 are being referred to.
3. The present writ application has been filed with the following prayers:
A. Quashing of (the part of the common reasoned order contained in Memo No. 869 dated 11.06.2024 (Annexure14) whereby the claims of the petitioners for grant of 5th and 6th pay revision has been rejected by the State Government.)
B. Further prayer has been made for directing the respondent for grant of fifth, sixth and seventh revision benefits to the Petitioners.
4. Facts, as narrated, in the writ application can be summarized as under:
a. The petitioner was appointed on the post of peon vide order of the Secretary of K.C.B College, Bero, (Annexure-1) in furtherance to which the petitioner also gave his joining on 30.11.1983 (Annexure-2).
b. In the year 1986, a conscious decision was taken by the unified State of Bihar to take over the affiliated college wherein the petitioner concerned are/were working i.e. KCB College, Bero. This decision was taken and communicated vide letter no. 1095 dated 19.08.1986 (Annexure- 3).
c. Pursuant to the said decision the assets as well as the liability of the said college was also to be taken over.
d. In order to assess the details of the employees working against sanction post, a committee was constituted by the State government in furtherance to which a report was given which is contained in letter No.25(c) (Annexure-4); wherein the name of the petitioner find figure.
e. There were various disputes regarding the names of the persons in whose favour the reports were made which led to filing of various writ applications before the Patna High Court.
f. There were various disputes with regards to employees, having not been taken note by the enquiry committee so formed.
g. Finally, the matter travelled to the Hon'ble Supreme Court in Civil Appeal No. 6098 of 1997, in which the Hon'ble Supreme Court formed a oneman commission of Justice (Retd.) S.C Agarwal in order to enquire the total sanction post as well as the posts which were recommended prior to the last date of absorption by the concerned universities.
h. In furtherance to the said report, which was submitted and accepted in the judgement reported in (2005) 9 SCC 129; by the Hon'ble Supreme Court, the university issued notification under section 4(1)(14) of the Jharkhand University Act, 2000 (earlier known as Bihar State University Act, 1976). i. The said notifications have been filed at Annexure7 and Annexure-8 of the writ application.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqCLNtbpwjC3iuJ9vrD2296wVUBgG7Sx3KOvLxI3OPjSI&caseno=WPC/5977/2024&cCode=1&cino=JHHC010349522024&state_code=7&appFlag=)
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