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Jharkhand High Court · body

2017 DIGILAW 30 (JHR)

Vijay Shankar v. State of Jharkhand

2017-01-05

SHREE CHANDRASHEKHAR

body2017
ORDER : 1. The petitioner is claiming monetary benefit of the posts of Associate Professor and Professor which has been paid to others w.e.f. 15.11.2000. He is also seeking grant of interest @ 12% till actual payment of arrears of difference of salary and other consequential benefits is made to him. 2. In view of the counter-affidavit, whereby the claim of the petitioner has been denied, the prayer seeking a direction upon the Commissioner-cum-Secretary, Health Education, Research and Family Welfare, Government of Jharkhand for “payment of admitted monetary benefit” is liable to be rejected, as the claim raised by the petitioner has not been admitted by the respondents. Consequently, prayer at clause (a) is dismissed in part. In so far as, claim of payment of interest @ 12% is concerned, the learned counsel for the petitioner has relied on a decision in “State of U.P. and Another vs. Vinod Kumar Srivastava” reported in (2006) 9 SCC 621 . In the said case after the claim of the respondent-employee who was held entitled for promotion with retrospective effect was allowed interest on the arrears of salary by the High Court. The Supreme Court interfered with the order awarding interest. The petitioner was finally promoted to the post of Associate Professor but with the salary of Assistant Professor. It is stated that he made a grievance on that count, however, the fact remains that no direction for payment of salary of Associate Professor was issued by this Court. Not only that, the petitioner has not disclosed laches on the part of the respondent-State rather, laches on his part in approaching the Court after 20 years writ large. The petitioner has failed to disclose any reason and explain sufficiently the delay on his part in approaching the Court seeking monetary benefit on account of Notification dated 14.10.2006, whereunder he has been granted promotion on the post of Associate Professor w.e.f. 20.09.1996 and to the post of Professor w.e.f. 01.04.2004. Since the learned counsel for the petitioner has adverted to the facts of the case in detail and referred to judgments in “Dr. Paras Nath Prasad vs. The State of Bihar and others” reported in 1990 (2) PLJR 248 , “Kamta Singh vs. The State of Jharkhand & Ors.” reported in 2012 (3) JLJR 544 and other cases, I deem it proper to adjudicate the writ petition on merits. 3. Paras Nath Prasad vs. The State of Bihar and others” reported in 1990 (2) PLJR 248 , “Kamta Singh vs. The State of Jharkhand & Ors.” reported in 2012 (3) JLJR 544 and other cases, I deem it proper to adjudicate the writ petition on merits. 3. Briefly stated, the petitioner who was appointed as Medical Officer on 19.04.1978, was transferred to Rajendra Medical College & Hospital (RMCH), Ranchi on 08.02.1982, from where he was relieved on 24.06.1985. He then joined the post of Medical Officer in Sub-Divisional Hospital, Simdega on 19.09.1985 and thereafter, he was transferred and posted in the teaching cadre as Assistant Professor in the Department of Medicine in Patliputra Medical College & Hospital (PMCH), Dhanbad. However, since there was no vacant post he again joined the Department of Health where he waited for his posting. Finally, he was posted on a vacant post of Assistant Professor in the teaching cadre in Mahatama Gandhi Memorial Medical College (MGM), Jamshedpur, where he remained posted till 05.04.2002. At the time of filing the instant writ petition, he was posted at Patliputra Medical College & Hospital (PMCH). It is apparent from the aforesaid facts that the petitioner who was initially appointed as Medical Officer has subsequently been transferred in a teaching cadre. It appears that pursuant to orders passed by this Court in Public Interest Litigations; one being W.P.(PIL) No. 3981 of 2001, the Assistant Professors/ Associate Professors teaching in different medical colleges in the State were promoted in the higher grade however, they were paid salary of their previous posts. Vide Notification dated 03.04.2002, the petitioner was promoted to the post of Associate Professor however, without any monetary benefit. This order has attained finality and though, the petitioner approached this Court in W.P.(S) No. 393 of 2005, and raised a grievance in respect of payment in pay-scale of Assistant Professor to him, no direction was issued by this Court for payment of salary in the pay-scale of Associate Professor. Vide Notification dated 14.10.2006 the petitioner along with 121 persons have been granted promotion. Notification dated 14.10.2006 has been issued on the basis of recommendation of the Committee constituted vide Notification dated 08.04.2004. The said notification refers to different guidelines on the basis of which promotions were granted vide Notification dated 14.10.2006. It is an admitted position that there is separate cadre of Assistant Professor, Associate Professor and Professor. Notification dated 14.10.2006 has been issued on the basis of recommendation of the Committee constituted vide Notification dated 08.04.2004. The said notification refers to different guidelines on the basis of which promotions were granted vide Notification dated 14.10.2006. It is an admitted position that there is separate cadre of Assistant Professor, Associate Professor and Professor. The petitioner who worked on the post of Associate Professor but without salary from 03.04.2002 cannot be granted monetary benefit for the said post from 20.09.1996. He had been granted monetary benefit w.e.f. 08.04.2002. In the aforesaid facts, the claim of the petitioner for monetary benefit of the post of Associate Professor from 20.09.1996 must be rejected. 4. In so far as, promotion to the post of Professor is concerned, the respondents have asserted that he has been granted promotion as Professor of Medicine from 01.04.2004. The petitioner has accepted the said order and he has not raised any grievance in the writ petition in respect of grant of promotion to the post of Professor w.e.f. 01.04.2004. The grievance of the petitioner is in respect of payment of pay-scale and other consequential benefits to the post of Professor of Medicine from 16.11.2006 and not from 01.04.2004. In the counter-affidavit filed by the respondent no. 4, it is stated that there is only one sanctioned post of Professor of Medicine in PMCH, Dhanbad. It is an admitted position that the petitioner did not work as Professor of Medicine prior to 16.11.2006, from which date he has been granted pay-scale and other consequential benefits admissible to the post of Professor. 5. In “Dr. Paras Nath Prasad” case the appointee was found entitled for the post next below his immediate senior in the service. He instituted T.S. No. 21 of 1970 which was decided on contest. It was held that he was entitled to be posted as senior Medical Officer next to one Dr. D. S. Chatterjee. Against the judgment and decree dated 23.02.1983 passed in T.S. No. 21 of 1970, T.A. No. 15 of 1983 was filed, however, order passed in the Title Suit was affirmed and Second Appeal No. 391 of 1983 preferred against the judgment of affirmation also failed and, thereafter, Special Leave Petition (C) No. 7711 of 1984 preferred against order passed in S.A. No. 391 of 1983 was also dismissed. In the said case, the Division Bench of Hon'ble Patna High Court dealt with the contention founded on Rule 58 of the Bihar Service Code. It was held by the Division Bench that the appointee was entitled for promotion to junior selection grade, senior selection grade and super-time scale of pay with effect from the due date and he was entitled to receive difference of pay at each selection grade of promotion and fixation of pay including, the super-time scale of pay. The facts disclosed in the present proceeding do not indicate that petitioner's claim has been wrongly denied and similarly situated other persons were, in fact, granted promotion. This is also not a case in which inspite of regular exercise of promotion undertaken previously, the petitioner who has been promoted as Associate Professor with retrospective date was wrongly denied promotion. The petitioner, who has been granted promotion to the post of Associate Professor w.e.f. 14.09.1996, did not approach the Court for about 20 years with a grievance for nonpayment of pay-scale of Associate professor and he approached this Court in W.P.(S) No. 393 of 2005 in which one of the prayers was for confirmation on the post of Assistant Professor only. He has not alleged that while others were granted salary in the pay-scale of Associate Professor, he was wrongly denied the same. In “Kamta Singh” case, the employee was denied promotion due to wrong decision of the authorities whereas, juniors were promoted and granted monetary benefit. The petitioner has not raised a similar plea in the instant writ petition. Other cases cited by the learned counsel for the petitioner also proceed on the premise that the claim of the employee for promotion was wrongly declined. Considering the facts in the cases relied upon by the learned counsel for the petitioner, I am of the considered opinion that present is a case entirely different on facts. The petitioner's claim is mainly founded on a Notification dated 14.10.2006 whereby he has been promoted as Associate Professor w.e.f. 20.09.1996 and Professor w.e.f. 01.04.2004. Prior to Notification dated 14.10.2006 the petitioner did not raise any grievance in this respect, and in fact, his grievance for nonpayment of salary in the pay-scale of Associate professor (Notification dated 03.04.2002) as projected in W.P.(S) No. 393 of 2005 stands redressed. 6. Prior to Notification dated 14.10.2006 the petitioner did not raise any grievance in this respect, and in fact, his grievance for nonpayment of salary in the pay-scale of Associate professor (Notification dated 03.04.2002) as projected in W.P.(S) No. 393 of 2005 stands redressed. 6. Considering the aforesaid facts, I do not find any ground for interference in the instant case and accordingly, the writ petition is dismissed. Petition dismissed.