- (1.) With the consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.
(2.) The instant intra-Court appeal is directed against the order/judgment dated10.09.2018 passed by learned Single Judge of this Court in W.P.(S) No. 6215 of 2016 whereby and whereunder the writ petition has been disposed of taking into consideration that the anomaly created in the pay scale of the writ petitioner has been corrected by the University and approved by the State Government by granting him the pay scale of Rs.6500-10500 under 5th Pay Revision and in consequence thereof, the post-retirement benefits and arrears of salary accruable thereof have been paid to the writ petitioner as per the specific statement made on behalf of the University and reflected through the Pay Orders, etc. taken on record.
(3.) The brief facts of the case which need to be enumerated herein, read as under :- The appellant/writ petitioner was appointed as Lower Division Assistant in the pay scale of Rs. 70-3-100-EBS-150 by the order of Vice-Chancellor, Ranchi University dated 29.11.1965. His service was confirmed. Subsequently he was promoted as Special Assistant vide order dated 19.09.1969. He was promoted to the Upper Division Assistant with effect from 18.12.1974 in the scale of pay of Rs. 348-570 vide office order dated 19.06.1975. The grievance of the appellant/writ petitioner is that although he was confirmed to the post of Special Assistant even though he was entitled for the pay scale on the basis of revision of pay by virtue of recommendation of 5th Pay Revision Commission made effective with effect from 01.01.1996 as has been approved by Statutory Committee of Ranchi University which has not been extended in his favour although the appellant/writ petitioner has superannuated from service with effect from 31.07.2004. The appellant/writ petitioner while in service was only being paid 75% of the salary due to financial crunch and after retirement he was paid the retiral benefits on the basis of 75% of the pay drawn and as such, the appellant/writ petitioner moved to this Court by filing writ petition being W.P.(S) No. 4082 of 2005 which was disposed of by a learned Single Judge of this Court vide order dated 20.12.2005 with a direction upon the respondents to pay the admissible dues within a period of two months from the date of receipt of copy of the order. The order having not been complied with, the appellant/writ petitioner filed a contempt case being Cont. Case (Civil) No. 251 of 2006 but the same was dropped vide order dated 06.03.2008. The respondent Ranchi University had constituted a Statutory Committee by virtue of which decision was taken to grant the benefits of recommendation of 5th Pay Revision Commission with effect from 01.01.1996 to the non-teaching staff of the University subject to approval of the State Government and on the basis of the aforesaid recommendation of the Registrar, Ranchi University, a letter was issued on 12.04.2008 whereby and whereunder it was decided that those employees of the University, who had retired after 01.01.1996, are also entitled to get the same benefit in which the name of the writ petitioner has been shown at Sl. No. 44. On the basis of the aforesaid decision of the Committee, six retired employees out of 128 retired employees have been extended the benefit of recommendation of 5th Pay Revision Commission but the same has been denied to the appellant/writ petitioner including other retired employees. The appellant/writ petitioner had again approached to this Court by filing writ petition being W.P.(S) No. 1781 of 2010 for issuance of direction upon the respondents to disburse the dues of salary as admissible after giving the benefit of 5th Pay Revision Commission with effect from 01.01.1996 and basing upon the said pay scale, the retiral benefit was sought to be disbursed in favour of the appellant/writ petitioner including the Leave Encashment. The aforesaid writ petition was decided by learned Single Judge of this Court vide order dated 11.10.2011 directing the respondents to treat the writ petition as representation and also directed the Secretary, Human Resources Development Department, Government of Jharkhand to take a decision in accordance with laws, rules, regulations, policies and Government's enforceable orders applicable to the writ petitioner. The competent authority of the State Government took decision on 20.04.2012 whereby the respondents have fixed the pay scale of the appellant/writ petitioner at lower pay scale of Rs.5500-9000 on the basis of the recommendation of 5th Pay Revision Commission instead of pay scale of Rs.6500- 10500. The appellant/writ petitioner also filed objection against the aforesaid decision but having given no heed, the said order was again challenged by filing the writ petition being W.P.(S) No.6247 of 2014 which was disposed of vide order dated 29.06.2015 directing the Registrar, Ranchi University as also Director, Higher Education, Human Resource Department, Government of Jharkhand, Ranchi to consider the claim of the writ petitioner. In pursuance of the aforesaid order, the appellant/writ petitioner had filed a representation which was decided vide order passed on 03.08.2016 but according to the appellant, his grievance has not been redressed and, therefore, he has again filed writ petition being W.P.(S) No. 6215 of 2016 which is the subject matter of the present intra-court appeal. ;