Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 586 (JHR)

Rani Pragati Prasad, wife of Shri Surendra Prasad v. State of Jharkhand

2017-03-27

S.N.PATHAK

body2017
At the very outset, on the prayer of learned counsel for the petitioner leave is granted to make necessary correction in cause title of the writ petition as the “Higher Education, Human Resources Development Department” has now changed as “Higher and Technical Education Department”, Let the same be read accordingly in cause title of the writ petition. 2. Heard learned counsel for the petitioner and learned counsel for the respondents – State as well as University. 3. The petitioner has approached this Court with a prayer for a direction to the respondents for fixation of his pay from 29.11.1986 as the date of her absorption/ regularisation in service (as per notification of the Ranchi University dated 20.07.2007) and for necessary correction in the notification of Ranchi University bearing No. B/27/09, dated 17.01.2009 (Annexure-7) at Serial No. 14 (column no. 4) and also for consequential reliefs as mentioned in para 1 of the writ petition. 4. The factual exposition as has been delineated in the writ petition is that the petitioner was initially appointed on 25.01.1985 as a Lecturer in Mandar College, Mandar, which was an affiliated college at the relevant time. After the decision of the State of Bihar, several Colleges including Mandar College was taken over as a constituent unit of the Ranchi University. However, the name of several teachers including the petitioner's name was not included in the list of teachers in the notification issued by the Human Resources Development Department, Government of Bihar resulting into termination of their services by the University vide letter dated 23.07.1992. After report of the S.C. Agrawal Commission, the services of the petitioner and similarly situated persons were reinstated. It is further submitted that though the petitioner continued to give her services to the College during the relevant period but current salary for those periods was not paid to her. The matter was agitated up to the Apex Court and final decision was passed by the Hon'ble Supreme Court in Civil Appeal No. 6098 of 1997. The Hon'ble Supreme Court given a clear direction that the concerned teachers and other employees would be affected by the ultimate outcome of the proceedings before the Hon'ble Supreme Court will get their full salary along with admissible allowances and other benefits subject to any other order made by the Court. The Hon'ble Supreme Court given a clear direction that the concerned teachers and other employees would be affected by the ultimate outcome of the proceedings before the Hon'ble Supreme Court will get their full salary along with admissible allowances and other benefits subject to any other order made by the Court. When the petitioner was not paid her salary, she preferred W.P.(S) No. 2824 of 2002 and this Court, vide order dated 13.12.2002 (Annxure-2) directed the Vice Chancellor of the University to determine her claim and ensure payment of admitted dues within a period of three months from the date of representation. Pursuant to the order passed by this Court, the petitioner represented before the University vide her representation dated 28.06.2003 mentioning therein that even the current salary of the petitioner was not being paid. The petitioner again approached this Court vide W.P. (S) No. 4401 of 2003 and this Court made specific direction to the respondents to make payment of arrears of salary as also the current salary payable to her and further to pay the salary from January, 2003 and go on paying the salary until the final decision of the Hon'ble Supreme Court within a period of thirty days. It is further mentioned that the Hon'ble Supreme Court accepting the report of the S.C. Agrawal Commission passed the Judgment in the matter of Newly Converted Constituent Colleges of Bihar and Jharkhand, vide its Judgment dated 12.10.2004 in Civil Appeal No. 6098 of 1997 and other analogous cases and directed the University for regularisation/ absorption of teaching and non-teaching staffs of the newly converted Constituent Colleges. Pursuant to the direction of the Hon'ble Supreme Court, the Ranchi University issued Notification regularising services of the teachers of Mandar College, Mandar including that of the petitioner with effect from 29.11.1986. It has been further stated that the Ranchi University also issued Notification of pay fixation of the petitioner in 5th U.G.C. Pay with effect from 01.01.1996 wherein at Serial No. 14 the petitioner's date of substantive appointment has been wrongly stated as 09.05.1992 instead of 29.11.1986. Being aggrieved, the petitioner filed representation before the Registrar, Ranchi University, Ranchi which was duly received in the University on 11.04.2011. Being aggrieved, the petitioner filed representation before the Registrar, Ranchi University, Ranchi which was duly received in the University on 11.04.2011. On receipt of such representation, the rectification was done in the pay fixation, which was a clerical mistake as pointed out by the University and recommendation was made to the Joint Secretary, Human Resources Development, Government of Jharkhand to make necessary corrections in the pay fixation chart and substituted 29.11.1986 in place of 09.05.1992 as date of absorption. 5. Mr. Afaque Ahmad, learned counsel for the petitioner submits that as the Ranchi University has already rectified the mistake and recommended the matter to the Joint Secretary, Human Resources Development Department, Government of Jharkhand for making necessary correction in the pay fixation chart and to substitute 29.11.1986 in place of 09.05.1992 as the date of absorption and submits that suffice it will be if a direction is given to Human Resources Development Department to take a decision in view of the recommendation of the Ranchi University. 6. Mr. Anoop Kumar Mehta, learned counsel appearing for the respondents – University very fairly submits that as it was a clerical mistake of respondents, the same has already been rectified and recommendation has already been sent to the Joint Secretary, Human Resources Development Department, Government of Jharkhand as far back as on 09.01.2012 itself. 7. Mr. Rohit Kumar, learned J.C. to S.C.IV submits that till date no counter affidavit has been filed. He, however, undertakes to take a decision on the recommendation of the University as expeditiously as possible. 8. Be that as it may, it is apparent that already rectification has been done by the Ranchi University, Ranchi and the matter has been recommended to the Joint Secretary, Human Resources Development Department, Government of Jharkhand to make necessary correction as far back on 09.01.2012 itself. The petitioner is directed to file a fresh representation along with a copy of the recommendation of the Ranchi University and copy of the Order of this Court and on receipt of the same, the respondent will take a decision within a period of six weeks thereafter. It is needless to say that if the petitioner is found entitled for consequential benefits, the same shall be released forthwith. 9. With the aforesaid observations and directions, this writ petition stands disposed of.