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2018 DIGILAW 2060 (JHR)

Md. Mahfooz Alam Ansari v. Chancellor, Ranchi University

2018-09-12

PRAMATH PATNAIK

body2018
ORDER Pramath Patnaik, J. - Heard Ms. Khalida Haya Rashmi, learned counsel for the petitioners, Ms. Kanchan Kumari, learned A.C. to A.A.G. appearing for the Respondent-State as well as Atul Roy, learned J.C. to Mr. Anoop Kumar Mehta. 2. In the accompanied writ application, the petitioners have sought for direction commanding upon the respondents to grant approval of 5th pay revision with effect from 01.01.1996 and 6th pay revision with effect from 01.01.2006 and to approve revised pay scale as per scale of University Grants Commission and to remove pay anomaly existing in the pay scale of the petitioners and further for a direction commanding upon the respondents to pay arrears of difference of pay on account of 05th and 06th UGC pay scale from the date of enforcement and to pay other consequential dues and further to declare that the respondents-authorities had not paid full salary to the petitioner. 3. The factual aspects, as has been delineated in the writ application, in a nutshell is that the petitioner no. 1, namely, Md. Mahfooz Alam Ansari was appointed on the sanctioned and recommended post in the 4th phase newly constituted College on the post of lecturer at Panch Pargana Kisan College, Bundu on 21.08.1984 vide letter dated 18.01.1986 for Urdu Subject and petitioner no. 2, namely Chandra Mohan Mahto was appointed on the post of lecturer at Panch Pargana Kisan College, Bundu on 07.08.1984 vide letter dated 18.01.1986 for Panch Parganaya, a regional language. It has been averred that the petitioners'' name find place in the report including its format dated 14.02.1987 in the Three Man Screening Committee, which was constituted by the State Government vide memo dated 19.08.1996. It has further been averred that the then Principal Secretary & Commissioner, Department of Human Resources Development vide letter dated 18.12.1989, wherein, a list was prepared for provisional absorption of services of the teachers appointed and working against the sanctioned and recommended post upto 30.04.1986, the cut off date in the 4th phase constituted colleges, wherein, the petitioners finds their name. It has been averred that vide memo dated 25.06.1998, then Registrar of Ranchi University, Ranchi issued a notification in compliance to the Hon''ble High Court in C.W.J.C. No. 4021 of 1995, dated 31.01.1997, the Vice Chancellor has been pleased to regularize the services of the lecturers of P.P.K. College, Bundu, wherein, the petitioners also find place at Sl. It has been averred that vide memo dated 25.06.1998, then Registrar of Ranchi University, Ranchi issued a notification in compliance to the Hon''ble High Court in C.W.J.C. No. 4021 of 1995, dated 31.01.1997, the Vice Chancellor has been pleased to regularize the services of the lecturers of P.P.K. College, Bundu, wherein, the petitioners also find place at Sl. No. 44 and 49. It has further been averred that the services of the petitioners have been approved by the State Government of Bihar for salary payment on pay scale of Rs. 2200-4000/-. It has been averred that the Ranchi University vide its Resolution dated 22.08.1998 approved and confirmed the regularization of the services of teachers of newly constituted colleges of 4th phase. It has been averred that vide memo dated 9.6.2005, the then Registrar of the Ranchi University issued a notification in supersession of all previous in compliance to Supreme Court Judgment in Civil Appeal No. 6098 of 1997 and a list was laid down giving the names of candidates who have been absorbed provisionally in the service of Ranchi University under Section 4 (14) of the JSU Act 2000 with effect from the date noted against the names, wherein, the petitioners have been placed at Sl. No. 3 and 16 and their services were absorbed with effect from 9.5.1988. It has further been averred that vide memo dated 07.03.2009, the then Registrar of the Ranchi University, Ranchi issued a notification confirming the absorption of the petitioners in continuation to notification vide Memo dated 09.06.2005 and the petitioners stands at Sl. No. 1 and 5 respectively. 4. Learned counsel for the petitioners has vehemently submitted that the Respondents have adopted dilatory attitude and have not been paid pay scale and other allowances that the petitioners are entitled to get and the action on the part of the respondents concerned is illegal, arbitrary and unconstitutional. Learned counsel further submits that the petitioner no. 1 is entitled to get all the benefits including salary or arrears of salary even after his superannuation from service in particular. 5. Controverting the averments made in the writ application, a counter affidavit dated 26.07.2018 has been filed on behalf of the respondents. Learned counsel further submits that the petitioner no. 1 is entitled to get all the benefits including salary or arrears of salary even after his superannuation from service in particular. 5. Controverting the averments made in the writ application, a counter affidavit dated 26.07.2018 has been filed on behalf of the respondents. In the counter affidavit, it has been, inter alia, submitted that a letter has been written by the Director, Higher Education to the Vice chancellor of Ranchi University vide memo dated 09.11.2017 pursuant to the judgment of the Hon''ble Supreme Court rendered in the case of Krishna Nand Yadav and others v. Magadh University and others, in Civil Appeal No. 2703 of 2017, wherein, the Director has directed the Vice Chancellor to give details by 24.11.2017 of the teaching and non teaching staff whose services are yet to be absorbed so that in accordance to the order of the Hon''ble Apex Court, the said issue can be redressed. 6. Learned counsel for the Respondent-State and the Respondent-University submits that the case of the petitioners will be considered within a reasonable time. 7. Having heard the learned counsel for the respective parties and on perusal of the records with a view to do substantial justice, it would be apposite to dispose of this writ petition with direction to the Respondent-Ranchi University and the Respondent-State to take a decision in respect of pay scale of the petitioner within a period of four weeks from the date of receipt/communication of the order. The Respondent-Ranchi University, Ranchi will scrutinize all the documents of the petitioner and if the petitioner is found entitled to get the benefit of the said pay scale, will recommend the same to the respondent no. 3. The respondent no. 3 in his turn, will disburse the necessary amount to the Ranchi University, Ranchi, so that the same can be paid to the petitioner at the earliest. The entire process should be concluded within a period of 12 (Twelve) weeks from the date of receipt/communication of this order. 8. With the aforesaid observation and direction, the writ petition stands disposed of.