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2020 DIGILAW 1029 (JHR)

Birendra Kumar Singh v. State of Jharkhand

2020-10-21

SANJAY KUMAR DWIVEDI

body2020
JUDGMENT : 1. Heard Mr. Baibhaw Gahlot, learned counsel for the petitioner, Mr. Rishu Ranjan, learned counsel for the respondents-State, Mr. Sanjay Piprawall, learned counsel for respondent no.3-JSPC and Mr. Anoop Kumar Mehta, learned counsel for respondent nos.4 and 5-University. 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. The petitioner has preferred this writ petition for direction upon the respondents to grant promotion to the petitioner as Lecturer (Senior scale) with effect from 27.07.1998 under the Career Advancement Scheme read with notification dated 14.12.2018 issued by the Government of Jharkhand and consequently pay the arrears of salary along with interest @ 18% from the date of promotion and other consequential benefit accruing thereof. 4. Mr. Baibhaw Gahlot, learned counsel for the petitioner submits that the petitioner has joined as Lecturer on a sanctioned post on 01.09.1983 in Chas College, Chas, which was affiliated at that time with Ranchi University, Ranchi and subsequently, Chas College, Chas became a constituent unit of Ranchi University, Ranchi in accordance with the provisions of Bihar Universities Act, 1976 under the 4th phase of the scheme. Ranchi University was bifurcated in the year 1992 and consequently Chas College, Chas came under the jurisdiction of Vinoba Bhave University, Hazaribagh. The matter related to absorption of teaching and non-teaching employees of the affiliated colleges that were made constituent colleges in the fourth phase was agitated over by the Bihar Rajya Mahavidyalaya Shikshak Kalyan Mahasangh before the Hon’ble Patna High Court. The Patna High Court directed the concerned Universities to take steps for regularization of services of the teachers of the colleges that have become constituent college in the fourth phase. The matter travelled upto the Hon’ble Supreme Court. The report of Justice S.C. Agarwal Commission and Justice S.B. Sinha Commission were placed before the Hon’ble Supreme Court which was accepted by the Hon’ble Supreme Court. The learned counsel for the petitioner submits that the petitioner has already been absorbed on 09.05.1988 by Vinoba Bhave University, Hazaribagh and now the college of the petitioner comes under Binod Bihari Mahto Koylanchal University. The learned counsel for the petitioner submits that the petitioner has already been absorbed on 09.05.1988 by Vinoba Bhave University, Hazaribagh and now the college of the petitioner comes under Binod Bihari Mahto Koylanchal University. The learned counsel for the petitioner submits that the petitioner has also filed an application contained in Annexure-5 in the prescribed format for consideration of the case but no decision has been taken as yet by the University. 5. Mr. Anoop Kumar Mehta, the learned counsel for the respondent nos.4 and 5 submits that the competent authority will consider the case of the petitioner in the light of the Annexure-5 and will pass appropriate reasoned order and if the competent authority comes to the conclusion that the petitioner is entitled for promotion the same will be recommended to the Jharkhand Public Service Commission for the needful. 6. In view of the above facts and considering the submissions of the learned counsel for the parties and in the light of the Annexure-5 which is the application for promotion under the prescribed format, the writ petition is being disposed of with a direction to the respondent no.4 to consider the case of the petitioner in the light of the rules, regulations, guidelines and the precedent and pass appropriate reasoned order within a period of 12 weeks from the date of receipt/production of the copy of this order. 7. It is needless to say that if the respondent no.4 comes to the conclusion that the petitioner is entitled for promotion, he will forward the same to the Jharkhand Public Service Commission for needful. 8. With the above observation and direction, the instant writ petition stands disposed of. 9. I.A., if any, also disposed of.