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Judgment
Sujit Narayan Prasad, J
The matter has been taken up through video conferencing.
Heard the learned counsel for the parties.
Show cause has been filed in pursuant to the order dated 29.07.2021 duly been sworn by Mr. K.K. Khandelwal, Addl. Chief Secretary, Department
of Higher and Technical Education, Govt. of Jharkhand.
It appears from the aforesaid show cause that replacement pay scale of re-designation of the post of Laboratory Technician to that of Demonstrator
has been extended in favour of the writ petitioner but very surprisingly that replacement pay scale has been given up to the 6th PRC.
It further appears that by calculating the difference of arrears of salary from which the post of Laboratory Technician has been converted to be re-
designated to that of Demonstrator, based upon the recommendation of 4th, 5th and 6th PRC.
The question which has been raised by the learned counsel for the petitioner that there is no dispute up to the calculation of difference of arrears of
salary on re-designation of post of Laboratory Technician based upon the UGC pay scale up to the period of operation of the recommendation of 6th
PRC but it would be evident from the show cause and enclosure appended thereto that the calculation of difference of arrears of salary of the post of
Demonstrator based upon the UGC pay scale has been made on the basis of 4th, 5th and 6th recommendation of Pay Revision Committee as also
based upon the tenure of service of one or the other petitioner, even during the period of operation of the recommendation of 7th PRC on or after
01.01.2016, which according to the learned counsel for the petitioner is absolutely incorrect and cannot be said to be proper compliance of the
Court’s order as because when the recommendation of 6th PRC came to have been replaced on or after 01.01.2016 by the recommendation of
7th PRC, therefore, on or after 01.01.2016 the petitioner is entitled for difference of arrears of salary on the basis of recommendation of 7th PRC.
Since, the opposite party has taken decision holding the writ petitioner entitled for the pay scale attached to the post of Demonstrator on the basis of
the UGC pay scale in pursuant to the order passed by the writ Court, therefore, the concerned opposite party ought to have extended the benefit of
pay scale of the post of Demonstrator based upon the UGC pay scale depending upon the tenure of service of one or the other petitioner on the basis
of recommendation of 7th PRC.
This Court, after hearing the learned counsel for the parties as also on perusal of supplementary show cause filed on 17.08.2021 has found substance
in submission of the learned counsel for the petitioner and therefore, was to pass an order of appearance of deponent who have sworn the affidavit to
face the rigour of the contempt but on the insistence made by the learned State Counsel for filing the compliance report on the next date of hearing,
such order is not being passed today.
Let this matter be posted on 02.09.2021 for filing the compliance report on behalf of the opposite parties to the effect as has been observed
hereinabove.