Research › Search › Judgment

Jharkhand High Court · body

2011 DIGILAW 1068 (JHR)

Trilochan Mahto Be v. State of Jharkhand Be

2011-12-07

D.N.PATEL

body2011
ORDER D.N. Patel. J.- Learned counsel for the petitioners submitted that petitioner No.1 was appointed as a Lecturer on 31st October. 1985. petitioner No.2 was appointed as a Lecturer on 9th September. 1985 and petitioner No.3 was appointed as a Lecturer on 13th August, 1984 and all these petitioners were appointed as Lecturers in Panch Pargana Kishan College, Bundu ("P.P.K. College, Bundu" for short). Learned counsel for the petitioners further submitted that all these petitioners have worked sincerely, diligently, honestly and to the satisfaction of the respondents and never any show cause notice for any misconduct has been served upon the petitioners. They are seeking University Grant Commission's pay scale with effect from 1st January. 1996 in pursuance of 5th Pay Revision and, therefore, the present writ petition has been preferred. 2. It is also submitted by the learned counsel for the petitioners that several counter-affidavits have been filed by the State. The respondent-University has already approved their appointments and regularization notification has also been issued by the respondent-University on 7th March. 2009. Thereafter, there was a revision in the pay scale, which has been approved by the University, but, for necessary sanction etc., the same has been sent to the State Government. Learned counsel for the petitioners has also pointed out the earlier round of litigation up to the Honble Supreme Court and one man committee of the retired Hon'ble Judge of the Hon'ble Supreme Court and the outcome of the said inquiry and has also pointed out that in pursuance of the one man committee's report final order was passed by the Hon'ble Supreme Court and this is how ultimately the respondent-University has published the regularization notification and. thus now the question is only to give revision in the pay scale. The University has already approved the revision in pay scale. But, the Government has not sanctioned the same and vide letter dated 20th November. 2011, which is at Annexure A to the 3rd supplementary counter-affidavit, filed by the Principal Secretary. Higher Education; Human Resources Development Department, again the matter has been remanded to the respondent-University to take a fresh decision for regularization in the list of Section 4(1)(14) of the Jharkhand State Universities Act. 2011, which is at Annexure A to the 3rd supplementary counter-affidavit, filed by the Principal Secretary. Higher Education; Human Resources Development Department, again the matter has been remanded to the respondent-University to take a fresh decision for regularization in the list of Section 4(1)(14) of the Jharkhand State Universities Act. 2000 and also keeping in mind paragraph No.6 of the decision, rendered by the Honble Supreme Court in Civil Appeal No. 6098 of 1997, decided on 12th October, 2004, as reported in (2005) 9 SCC 129 . 3. Learned counsel for, the petitioners as well as learned counsel for the respondent-University have no objection to comply with this direction, given by the Principal Secretary. Higher Education, Human Resources Development Department, Government of Jharkhand. Ranchi. It is also submitted by the learned counsel for the petitioners that one order was passed by this Court on 25th November, 2011, wherein, it has been stated that once the University has already published the notification of regularization, the decision has to be taken by the Government and, therefore, today an interlocutory application being I.A. No. 3586 of 2011 has been preferred for modification of the said order and they are not insisting that it may only be decided by the Government. Learned counsel, for the petitioners submitted that it may even be decided by the respondent University, as directed by the Principal Secretary, Higher Education, Human Resources Development Department. Government of Jharkhand. Ranchi but, within a time bound schedule the decision may be taken by the Ranchi University and within• a further stipulated time, the State Government may give its final sanction. 4. Learned counsel for the petitioners further submitted that looking to the order, passed by the Principal Secretary. Higher Education, Human Resources Development Department. Government of Jharkhand, Ranchi dated 20th November, 2011, which is at Annexure A to the 3rd supplementary counter-affidavit in fact, it would appear that the Government has accepted several contentions of the petitioners as well as Ranchi University in the light of the earlier decision, rendered by the Hon'ble Supreme Court and in the light of one man committee's report as also in the light of the ultimate paragraph of the aforesaid order and. Therefore, it was need-less for the respondent-State Government to direct the Ranchi University to take a fresh decision. Therefore, it was need-less for the respondent-State Government to direct the Ranchi University to take a fresh decision. Nonetheless, the petitioners .have no much objection if this decision is taken afresh by the Ranchi University within a stipulated time, in accordance with law. 5. Learned counsel for the respondent-University submitted that they will comply with the direction, given by the Principal Secretary. Higher Education, Human Resources Development Department. Government of Jharkhand, Ranchi vide order dated 20th November, 2011 and within a period of two weeks final decision will be taken afresh and despite earlier regularization notification dated 7th March, 2009, this decision will be taken in accordance with law, rules, regulations, policies and the Government enforceable orders, applicable to the petitioners, and also the earlier regularization notification dated 7th March. 2009 as also keeping in mind Section 4(1)(14) of the Jharkhand Universities Act. 2000 and also keeping in mind the earlier decision, rendered by the Honble Supreme Court and also one man committee's report and further, they will also keep in mind the letter dated 18th December, 1989, which is at Annexure 10 as well as the letter dated 24th February, 1990, which is at Annexure 10/ A to the memo of petition. 6. Learned counsel for the respondent-State submitted that, in fact, the previous decision of the Ranchi University is already, there on the record. Nonetheless, let fresh decision be taken by the respondent-University in the light of the Jharkhand Universities Act. 2000 as also in the light of the decision, rendered by the Honble Supreme Court, as stated in the direction, given by the Principal Secretary, Higher Education, Human Resources Development Department. Government of Jharkhand, Ranchi vide order dated 20th November. 2011 (Annexure A to the 3rd supplementary counter-affidavit, filed by the State). Learned counsel for the respondent-State further submitted that in fact, the State Government has no authority to regularize the services of the petitioners and, therefore, this decision is to be taken by the respondent-Ranchi University and the only power with the State Government is to grant concurrence of pay fixation made by the University and, therefore, let a time schedule be given to the Ranchi University to take the decision, as stated in the aforesaid direction by the Principal Secretary, Higher Education, Human Resources Development Department. Government of Jharkhand, Ranchi. 7. Government of Jharkhand, Ranchi. 7. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that all these three petitioners are working as Lecturers from the year 1984-85, as stated herein above, who were regularized also as per regularization notification, issued by the Ranchi University dated 7th March, 2009. Earned round of litigation up to the Hon'ble Supreme Court and one man committee's report have also been referred time and again, during course of argument and it is submitted finally that there is regularization of the services of these petitioners by the aforesaid, notification. . Now the only question left out is whether the petitioners are entitled to U.G.C. pay scale in pursuance of 5th Pay Revision with effect from 1st January, 1996 or not. This revision in the pay scale has also been approved by the respondent-Ranchi University and the respondent-University has sent the necessary papers of these petitioners for further sanction of the State authorities. It appears that instead of giving sanction or otherwise, again the State Government has raised an issue of regularization, looking to the order, passed by the Principal Secretary, Higher Education. Human Resources Development Department, Government of Jharkhand, Ranchi dated 20th November, 2011, which is at Annexure A to the 3rd supplementary counter-affidavit, filed by the respondents. In fact, there was no need for the State Government to remand the matter to the Ranchi University, but it appears that the respondent-University has no objection to take again a fresh decision in the light of the Jharkhand Universities Act, 2000 as also in the light of the earlier regularization notification dated 7th March. 2009 and also in the light of Annexures 10 and 10/A. both dated 18th December. 1989 and 24th February. 1990 respectively, annexed with the memo of petition and also in the light or the decision. rendered by the Hon'ble Supreme Court, as reported in (2005) 9 SCC 129 i.e. in Civil Appeal No. 6098 of 1897. decided on 12th October, 2004 and also in the light of the report, given by one man committee, as appointed by the Hon'ble Supreme Court. This decision will be taken by the respondent-Ranchi University within a period of three weeks from the date of receipt of a copy of the order of this Court. 8. decided on 12th October, 2004 and also in the light of the report, given by one man committee, as appointed by the Hon'ble Supreme Court. This decision will be taken by the respondent-Ranchi University within a period of three weeks from the date of receipt of a copy of the order of this Court. 8. I further direct that upon taking such decision, necessary papers will be sent by the respondent Ranchi University to the State authorities and thereafter. the Principal Secretary. Higher Education, Human Resources Development Department. Government of .Jharkhand, Ranchi will take a decision In the light of the earlier order dated 20th November. 2011, which is at Annexure A to the 3rd supplementary counter-affidavit, filed by the respondent State within a further period of three weeks. 9. This writ petition is accordingly, disposed of in view of the aforesaid directions and consequent thereto, both the interlocutory applications i.e. I.A. No. 3564 of 2011 and I.A. No. 3586 of 2011 are also disposed of. Petition disposed of.