Jharkhand High Court
Dr. Sant Kishore Prasad vs The State Of Jharkhand on 2 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 355 of 2020
1. Dr. Sant Kishore Prasad, aged about 60 years, S/o Late Bindeshwari
Prasad, working as Assistant Professor Chemistry in S.S.J.S.N. College,
P.O., P.S. & District- Garhwa
2. Dr. Dharam Chand Lal Agrawal, aged about 61 years, S/o Late Nand
Kishore Lal, working as Assistant Professor Commerce in S.S.J.S.N.
College, P.O., P.S. & District- Garhwa
3. Dr. Chandeswar Mehta, aged about 61 years, S/o Late Keshar Mehta,
working as Assistant Professor Psychology in S.S.J.S.N. College, P.O.,
P.S. & District- Garhwa
4. Dr. Bibha Kumari, aged about 63 years, D/o Sri Sheo Nath Singh,
working as Assistant Professor Philosophy in S.S.J.S.N. College, P.O.,
P.S. & District- Garhwa
5. Dr. Kalika Prasad Singh, aged about 61 years, S/o Sri Gupteshwar
Singh, working as Assistant Professor Psychology, S.S.J.S.N. College,
P.O., P.S. & District- Garhwa
6. Dr. Uday Kumar, aged about 61 years, S/o Sri Ram Bilas Mahto,
working as Assistant Professor Mathematics in S.S.J.S.N. College, P.O.,
P.S. & District- Garhwa
7. Dr. Nathuni Pandey, aged about 64 years, S/o Late Tapeshwar Pandey,
working as Assistant Professor Mathematics, S.S.J.S.N. College, P.O.,
P.S. & District- Garhwa
8. Dr. Dilip Kumar, aged about 58 years, S/o Late Sheo Nandan Prasad,
Former Assistant Professor Political Science, S.S.J.S.N. College
Garhwa, presently working in G.L.A. College, at Medininagar, P.O. &
P.S. Garhwa Town, District- Palamau
9. Dr. Brajesh Kumar Sinha, aged about 59 years, S/o Late Satyendra
Prasad Sinha, Former Assistant Professor Botany in S.S.J.S.N. College
Garhwa, presently working in Y.S.N.M. College at Medininagar, P.O. &
P.S. Garhwa Town, District- Palamau
10. Dr. Mahendra Nath Tiwari, aged about 60 years, S/o Late Lalji Tiwari,
working as Assistant Professor Political Science in S.S.J.S.N. College,
P.O., P.S. & District- Garhwa
11. Prof. Manoj Kumar Pathak, aged about 58 years, S/o Late Janardan
Pathak, working as Assistant Professor Sanskrit in S.S.J.S.N. College,
P.O., P.S. & District- Garhwa ... Petitioners
-Versus-
1. The State of Jharkhand, through Principal Secretary, Department of
Higher, Technical Education and Skill Development, Govt. of
Jharkhand, Nepal House, P.O. & P.S. Doranda, Dist. Ranchi
2. The Director (Higher Education), Higher, Technical Education and Skill
Development Department, Nepal House, P.O. & P.S. Doranda, Dist.
Ranchi
3. Joint Secretary, Department of Higher, Technical Education and Skill
Development, P.O. & P.S. Doranda, Dist. Ranchi, Jharkhand
4. Nilambar Pitamber University Medininagar through its Vice-Chancellor,
at Medininagar, P.O. & P.S. Medininagar, District- Palamau
5. The Registrar, Nilambar Pitambar University, at Medininagar, P.O. &
P.S. Medininagar, District- Palamau ... Respondents
-2-
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Amresh Kumar Singh, Advocate
Mr. Sanjay Kumar Pandey, Advocate
For the Respondent-State : Mr. Ashok Kumar Singh, A.C. to S.C. (L&C)-III
For the Resp.-University : Dr. Ashok Kumar Singh, Advocate
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08/02.02.2021. Heard Mr. Amresh Kumar Singh assisted by Mr. Sanjay Kumar Pandey,
learned counsel for the petitioners, Mr. Ashok Kumar Singh, learned counsel
for the respondent-State and Dr. Ashok Kumar Singh, learned counsel for
the respondent-Nilambar Pitambar 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 on merit.
3. The petitioners have preferred this writ petition for direction to count
the date of absorption of the petitioners from the date of eligibility as given
in Justice (Retired) Agrawal Commission Report with all consequential
benefit like time bound promotion, fixation of salary, payment of arrear,
differences of salary. The further prayer is made for quashing the order
dated 14.12.2018, issued under the signature of respondent no.3.
4. The petitioners were appointed in S.S.J.S.N. College, Garhwa, an
affiliated college under the Ranchi University as Lecturers in different
department. The college along with other 4 th phase college were taken by
the State of Bihar in the year 1986-87. The issue of regularization of 4 th
phase colleges of the State of Bihar came up before the Hon'ble Patna High
Court and a decision for regularization was passed in a case reported in
1997 (1) PLJR 534. The State of Bihar has preferred an appeal before the
Hon'ble Supreme Court bearing S.L.P. No. 6098 of 1997 and the Hon'ble
Supreme Court constituted Justice Agrawal Commission. Justice Agrawal
Commission submitted report for all 40 colleges of bifurcated State of Bihar
and Jharkhand and interpreted the date of eligibility for all the employees
for service purpose including regularization. The State of Jharkhand and
Universities of Jharkhand were also heard thereafter the Hon'ble Supreme
Court in 2005 (9) SCC 129 affirmed the report of Justice Agrawal
Commission. Thereafter, the State started with modifying the date of
eligibility as given in Justice Agrawal Commission for the purpose of
consequential benefits.
5. Mr. Amresh Kumar Singh, learned counsel for the petitioners submits
that one identical matter has been decided by the Hon'ble Patna High Court
in C.W.J.C. No. 21232 of 2014, which was tested before the Division Bench
of the Hon'ble Patna High Court in L.P.A. No. 218 of 2016 and the order of
the Hon'ble Single Judge was affirmed and the L.P.A. was dismissed vide
order dated 25.07.2016. He further submits that the petitioners were of 4 th
phase constituted colleges of different Universities of Bihar. He also submits
that the date of eligibility given in Justice Agrawal Commission report will be
the effective date of absorption and for all consequential benefit like time
bound promotion, pay fixation etc. He further submits that the petitioners
have already filed representation on 22.10.2019, contained in Annexure-6 of
the writ petition.
6. Dr. Ashok Kumar Singh, learned counsel for the respondent-Nilambar
Pitambar University submits that there is no decision on the representation
of the petitioners, contained in Annexure-6. He further submits that the
petitioners may be directed to file fresh representation before the
respondent-Nilambar Pitambar University, who will decide the same in
accordance with rules, regulations and guidelines.
7. Learned counsel for the respondent-State is also agreed to that effect.
8. In view of the above facts and considering the averments made in the
writ petition and also considering the submission of the learned counsel for
the parties, the petitioners are directed to file fresh representation before
the respondent-Nilambar Pitambar University along with all the credentials
including the judgments on which the petitioners are relying for such relief,
within a period of three weeks from today. If such representation is filed
within the aforesaid period, the respondent-Nilambar Pitambar University
will take a decision in accordance with rules, regulations and guidelines,
considering the report of the Justice Agrawal Commission report as well as
the judgments, as noted supra, within a period of eight weeks thereafter.
9. It is needless to say that if the decision is taken in favour of the
petitioners, the benefit of the same shall be extended to the petitioners
within further period of twelve weeks thereafter.
10. With the above observations and directions, this writ petition stands
disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
