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2013 DIGILAW 545 (JHR)

Shakti Pad Sharma v. State of Jharkhand

2013-04-23

APARESH KUMAR SINGH

body2013
ORDER By the Court.-Heard learned counsel for the parties. 2. The petitioner was aggrieved on account of shifting of dates in respect of grant of promotion to the post of Reader and Professor to him in view of the decision taken by the respondent-Human Resources Development Department while considering the grant of revised scale as per the UGC recommendation to the present petitioner. 3. The petitioner had earlier been granted the benefit of promotion to the post of Header w.e.f. 22.1.2.1986 and to that of Professor w.e.f. 12.12.1994 under 8 and 16 years time bound promotion scheme upon recommendation of the Bihar State University (Constituent Colleges) Service Commission Patna. 4. According to the petitioner these promotions have been granted reckoning the period of 8 years and 16 years from the first date of his appointment as temporary Lecturer by the University in the year December, 1978. However, at the time of revision of the pay scale on the recommendation of the UGC, when the matter was once again recommended by the University the Human Resources Development Department, Government of Jharkhand has revised the effective date of promotion of the petitioner two years ahead. This has been done by excluding the period of two years of service of the petitioner as temporary Lecturer whereafter he is said to have been absorbed by the University. 5. These matters were earlier agitated in other writ petitions by University teachers being aggrieved by the action of the State and the University. These issues were however, decided by the Single Bench of this Court in the case of Dr. (Mrs.) Rafat Ara v. Ranchi University and Ors., reported in 2009 (1) JCR 380 and subsequently in a Division Bench of this Court in the case of Dr. Anant Kumar Akhouri v. the Vice Chancellor, Ranchi University, Ranchi and Ors., reported in 2012 (2) JCR 153 (Jhr). The question relating to reckoning of 2 years period of temporary service as Lecturer was decided by the aforesaid judgment by holding that they would be reckoned in the matter of grant of promotion to such persons, who have been absorbed in service thereafter. The paragraph Nos. 6, 7 and 8 of the judgment referred by the Division Bench of this Court in the case of Dr. Anant Kumar Akhouri (supra) are relevant for consideration. The paragraph Nos. 6, 7 and 8 of the judgment referred by the Division Bench of this Court in the case of Dr. Anant Kumar Akhouri (supra) are relevant for consideration. The said judgment was, however, challenged by the respondent-State of Jharkhand before the Hon'ble Supreme Court in SLP (Civil) No. 11707 of 2012, which was, however, dismissed. Thereafter, vide Circular Dated 2.4.2013, the respondent-Human Resources Development Department, Government of Jharkhand has issued a direction upon the Vice-Chancellor of the Universities of Jharkhand such as Ranchi University, Ranchi, Vinoba Bhave University, Hazaribagh, Sidhu Kanhu Murmu University, Dumka, Nilamber-Pitamber University, Medninagar, Palamau, Kolhan University, Chaibasa, by directing the universities to grant similar benefit to all such university teachers, who are similarly situated persons like these petitioners in respect of whom the judgment has been rendered by the Division Bench of this Court referred (supra), which has been upheld by the Hon'ble Supreme Court. 6. In the background of the aforesaid facts and circumstances of the case, therefore, it appears that the respondents have themselves taken a decision to abide by the law laid down in the case of Dr. Anant Kumar Akhouri (supra) so far as the issue relating to reckoning of two years period as temporary Lecturer of such persons including the petitioner are concerned for the purpose of grant of promotion and other service benefits. 7. In these circumstances, therefore, it appears that grievances of the petitioner are required to be considered afresh in the light of ratio laid down by the Division Bench of this Court in the case of Dr. Anant Kumar Akhouri (supra) and also communicated by the letter dated 2.4.2013 issued by the HRD Department, Government of Jharkhand to all such Universities. 8. In that view of the matter, the petitioner is allowed to make a fresh representation before the competent authority/Registrar of the University within two weeks together with all supporting documents and facts. Anant Kumar Akhouri (supra) and also communicated by the letter dated 2.4.2013 issued by the HRD Department, Government of Jharkhand to all such Universities. 8. In that view of the matter, the petitioner is allowed to make a fresh representation before the competent authority/Registrar of the University within two weeks together with all supporting documents and facts. On receipt of such representation, the University shall examine each individual cases of such persons like the petitioner afresh from the records and on being satisfied of the claim of the petitioner of continuity in service from the date of initial appointment as temporary lecturer in view of 24 months statue dated 14.8.1982, make appropriate recommendation before the respondent-HRD Department within eight weeks thereafter for grant of revision in UGC Scale and also for correction of the date of promotion to the post of Reader/Professor as claimed by the petitioner by reckoning his service from the first date of appointment as temporary lecturer. On receipt of such recommendation, the HRD Department shall take a decision in accordance with law within eight weeks thereafter in view of the ratio of the judgment of the Division Bench of this Court in the case of Dr. Anant Kumar Akhouri (supra). 9. If the petitioner is found to be entitled to such grant of revise scale treating continuity of service from the date of his initial appointment in temporary service, such consequential benefits arising thereupon should also be given to the petitioner within six weeks thereafter. 10. With the aforesaid observations and directions, this writ petition stands disposed of. Petition disposed of.