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Jharkhand High Court · body

2012 DIGILAW 1220 (JHR)

Md. Alim Ansari v. Ranchi University

2012-08-14

D.N.PATEL

body2012
JUDGMENT D.N.Patel, J. 1. Leave to join the State of Jharkhand (notice to be served through Secretary, Human Resources Department) as a party respondent no.6 to this writ petition is allowed. Necessary amendment shall be carried out during course of the day, in red ink. 2. Notice to the newly joined respondent no.6. Learned counsel for the State waives notice on behalf of the newly joined respondent no.6. 3. Learned counsel for the petitioner submitted that suffice it will be for disposal of the present writ petition, if a direction is given to respondent no.3 to treat this writ petition as a representation and to decide the claim of the petitioner, in accordance with law, within the stipulated time, as given by this Court. 4. I have heard learned counsel for the respondents, who has submitted that they have no much objection, if such a direction is given to respondent no.3 to treat this writ petition as a representation and to decide the claim of the petitioner, in accordance with law, within the stipulated time, as given by this Court. 5. In view of the aforesaid submissions, I hereby direct respondent no.3, Registrar, Ranchi University, Ranchi, to treat this writ petition as a representation along with its Annexure and to decide the claim of the petitioner, in accordance with law, rules, regulations, policies and enforceable government orders, applicable to the petitioner, after giving an adequate opportunity of being heard to the petitioner or to his representative, as expeditiously as possible and practicable, preferably within a period of four weeks from the date of receipt of a copy of the order of this Court. I also direct respondent no.3 to send all the necessary papers to respondent nos. 4 and 5, including the papers, enumerated as Annexure 6 to the memo of petition, within a further period period of one week thereafter. I further direct respondent nos. 4 and 5 to take a final decision within a further period of four weeks after receiving the papers about the promotion of the petitioner from respondent no.3. This decision will be taken in accordance with law by respondent nos. 4 and 5. I further direct respondent nos. 4 and 5 to take a final decision within a further period of four weeks after receiving the papers about the promotion of the petitioner from respondent no.3. This decision will be taken in accordance with law by respondent nos. 4 and 5. Respondent no.3 i.e. Registrar of the Ranchi University, Ranchi, will get all the papers of the petitioner, required for promotion from the concerned college and it shall be the duty of the concerned college to supply such documents to the Registrar, Ranchi University, Ranchi and even if they have already been sent directly to the Jharkhand Public Service Commission, Ranchi, one more copy will be supplied to the Registrar, Ranchi University, Ranchi. 6. If the decision is taken in favour of the present petitioner, benefit of the same will be implemented about the promotion within a further period of four weeks thereafter, with all consequential benefits. benefit of same will be given to him within a further period of four weeks thereafter. 7. I further direct Ranchi University as well as Jharkhand Public Service Commission, Ranchi to send necessary papers to the newly joined respondent no.6 within a further period of one week thereafter. I also direct the respondent State of Jharkhand to sanction or otherwise to the recommendations of Ranchi University, Ranchi, as well as of Jharkhand Public Service Commission, Ranchi, about the promotion of the petitioner. This decision will be taken within a further period of four weeks after receiving the approval from Jharkhand Public Service Commission and if the petitioner is to be promoted then necessary grant will be sanctioned by the newly joined party, which is State of Jharkhand, to the Ranchi University, so that the amount may be disbursed to the present petitioner as a consequence of promotion. Upon receipt of grant from the respondent-State, the same will be disbursed to the present petitioner forthwith. 8. This writ petition stands disposed of, in view of the aforesaid directions.