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2001 DIGILAW 688 (JHR)

Naili Minz v. Ranchi University, Ranchi

2001-09-21

SUDHANSU JYOTI MUKHOPADHAYA

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JUDGMENT S.J. Mukhopadhaya, J. 1. This application has been preferred by the petitioners, Smt. Naili Minz and Smt. Kusum Debi for direction on the respondents to release and pay salary due since November 91. 2. According to the petitioners, they were appointed against Class-IV posts by the then Governing Body of Mandar College, Mandar, Ranchi, vide letters dated 11th September, 1984 and 10th October. 1984 respectively. By that time the College was an affiliated College run by the Governing Body and later on made a Constituent College in the year 1986. 3. According to the petitioners, their appointments were made after advertisement and selection against sanctioned posts, as sanctioned under staffing pattern, vide letter contained in Memo No. 773 dated 31st June. 1983 issued by the Joint Secretary, Education department, Govt. of Bihar. Such creation of post was also informed by the Ranchi University, vide their letter No. P/3714 dated Jury 1/2, 1983. 4. The petitioners were duly appointed and are working has been pleaded and in support of such statement, certain enclosures have been attached to the writ petition. 5. Reliance has been placed on letter No. 7410 dated 17th June. 1987 and in the enclosure thereof, the names of petitioners have been shown at serial Nos. 7 & 10, who were working against sanctioned Class IV posts. The letters issued by the College authorities dated 23rd October, 1993, 29th April, 1993 and a chart prepared by the Ranchi University on 12th March, 1994 have been enclosed to suggest that the petitioners were working against sanctioned posts in the College. 6. The respondent University while denied the fact that the petitioners were appointed by the Governing Body of the college, taken plea that the Notification dated 27th January, 1999 was issued by the State, wherein it was stipulated to make payment only on receipt of fund from the State. It is alleged that the State Government, neither approved the reinstatement of petitioners, nor the fund released for payment in their favour. Further, according to the University, the State Government forwarded a list approved staff by letter No. 25/C dated 12th February, 1990, wherein the names of petitioners are not appearing. The University thereafter had to take steps for terminating the services of such employees, vide letter No. B/1385-94 dated 23rd July. 1992. Further, according to the University, the State Government forwarded a list approved staff by letter No. 25/C dated 12th February, 1990, wherein the names of petitioners are not appearing. The University thereafter had to take steps for terminating the services of such employees, vide letter No. B/1385-94 dated 23rd July. 1992. However, the petitioners were reinstated, vide subsequent Notification, contained in Memo No. RU/VC/R/59/99 dated 27th January, 1999 and such reinstatement was made keeping in view the exigencies of the College. The reinstatements were made, subject to the condition that they are not entitled to any arrears and the absence from the College to be treated as extraordinary leave without pay. 7. From the Notification issued by the Ranchi University, vide Memo dated 29th January, 1999, it appears that in pursuance of the High Courts order passed in CWJC No. 4021 of 1995 dated 31st January, 1997 and Honble Chancellors letter dated 7th may, 1998, the Syndicate in its meeting held on 25th/26th September, 1998 resolved that the services of certain non-teaching staff of the Colleges, including Mandar College whose names were appearing in the list submitted by three Man Committee, but did not figure in the provisional list approved by letter dated 12th February, 1990 to reinstate them. Therein, names of petitioners have been shown at Sl. Nos. 20 and 21 respectively against the posts of Peon. In the said Notification, it is made clear that the payment of salary should be subject to the receipt of fund from the State Government, by name. 8. According to the petitioners, no order of termination was issued by the respondents, nor any such order was served on them. Thereby, there was no occasion for the respondents to reinstate the petitioners, as shown to have been made, vide Memo dated 27th January. 1999. However, the aforesaid issue is not required to be determined in the present case, as the order of reinstatement dated 27th January, 1999 enclosed by the petitioners, as Annexure-6, is not under challenge. 9. Admittedly, it is those whose names are approved by the State Government are entitled for salary. The State Government only releases fund for payment of salary of such approved employees. It is not in dispute that the State Government has not yet approved the names of petitioners and, in fact, their cases have not been considered for such approval. 10. Admittedly, it is those whose names are approved by the State Government are entitled for salary. The State Government only releases fund for payment of salary of such approved employees. It is not in dispute that the State Government has not yet approved the names of petitioners and, in fact, their cases have not been considered for such approval. 10. In the circumstances, the Court feels that the matter requires consideration by the State Government for approval of their services so that fund is released and payment is made in favour of incumbents working against sanctioned posts. 11. Admittedly, on reorganisation of State, now the approval is required to be given by the Government of Jharkhand. 12. In the circumstances, I give liberty to parties to move before the Government of Jharkhand for determination of issue relating to approval of services of petitioners and for release of fund for payment of salary in favour of staff working against sanctioned posts. 13. The petitioners are allowed to approach the Vice Chancellor, Ranchi University who, in his turn, will forward details relating to petitioners to the Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi within one month from the date of receipt/production of a copy of this order. The Secretary, Human Resources Development Department, Government of Jharkhand will take into consideration the relevant facts, including the question as to whether the petitioners were appointed and working against sanctioned posts or not and other similarly situated persons their services have been approved or not and pass appropriate order within two months from the date of receipt of recommendation of the Vice Chancellor of the University. If the services of petitioners are approved, they will release fund within one month from the date of such decision for payment in favour of petitioners immediately thereafter. 14. If any adverse decision is taken by the Government of Jharkhand, they will communicate the ground to the petitioners within the aforesaid period. 15. In the meantime, the Vice Chancellor, Ranchi University will take steps to pay current salary at least in the minimum of the scale of the post, if the petitioners are working. 16. The writ petition stands disposed of with the aforesaid observations and directions. 17. Writ petition disposed.