Jharkhand High Court
Deepak Kumar Singh vs The State Of Jharkhand on 5 February, 2021
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(S) No. 4336 of 2020
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Deepak Kumar Singh, aged about 58 years, s/o late Onkar Nath Singh, r/o
Sector-III -E, Q.No.233, PO Sector 3, PS Bokaro Steel City, District Bokaro,
Jharkhand , 827003 ..... Petitioner
-- Versus --
1.The State of Jharkhand, through the Principal Secretary, Department of
Higher, Technical Education and Skill Development, Government of
Jharkhand, 3rd floor, Yojana Bhawan, Nepal House, PO and PS Doranda,
District Ranchi 834002
2.The Director, Department of Higher, Technical Education and Skill
Development, Government of Jharkhand, 3rd floor, Yojana Bhawan, Nepal
House, PO and PS Doranda, District Ranchi 834002
3.The Secretary, Jharkhand Public Service Commission, Circular Road, PO
and PS Lalpur, District Ranchi, 834001
4.The Vice Chancellor, Binod Bihari Mahto Koylanchal University, Sardar
Patel Nagar, PO and PS Dhanbad, District Dhanbad, Jharkhand 826 001
5.The Registrar, Binod Bihari Mahto Koylanchal University, Sardar Patel
Nagar, PO and PS Dhanbad, District Dhanbad, Jharkhand 826 001
...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Baibhav Gahlaut, Advocate
For Resp.-State :- Mr.Gaurav Abhishek, Advocate
For Resp.University:- Mr. Atul Rai, Advocate
For Resp.JPSC :- Mr. Abhay Prakash, Advocate
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3/05.02.2021 Heard Mr. Baibhav Gahlaut, the learned counsel for the
petitioner, Mr. Gaurav Abhishek, the learned counsel for the respondent
State, Mr. Atul Rai, the learned AC to Mr. Anoop Kumar Mehta, the
learned counsel for the respondent no.4 and 5 and Mr. Abhay Prakash,
the learned counsel for the respondent JPSC.
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.
The petitioner has preferred this writ petition for direction
upon the respondent no.3 to consider and pass appropriate order with
regard to the concurrence of the petitioner in a time-bound manner in
the light of the notification dated 14.12.2018 issued by the Government
of Jharkhand. Further prayer is made for direction to grant promotion to
the petitioner as Reader with effect from 23.09.1995 under the Merit
Promotion Scheme notified by the Governor's Secretariat dated
23.09.1995.
The petitioner joined as a Lecturer on 03.10.1985 in the
Department of Sociology in Chas College, Chas, which was then affiliated
college under Ranchi University, Ranchi and is now affiliated to Binod
Bihari Mahto Koylanchal University, Dhanbad. The matter relating 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 which was disposed of
by judgment dated 31.01.1997. The said judgment was taken before the
Hon'ble Supreme Court in Civil Appeal No.6098 of 1997 wherein the
Hon'ble Supreme Court constituted the Commission headed by Hon'ble
Justice (Retd.) S.C. Agarwal which was subsequently replaced by Hon'ble
Justice (Retd.) S.B. Sinha. In pursuant thereto, certain decision was taken
in favour of the petitioner and the benefit of the same has not been
provided to the petitioner. Aggrieved with this, the petitioner has
preferred this writ petition.
The learned counsel for the respondent State and the
learned counsel appearing on behalf of the respondent No.3 [JPSC] are
jointly submitting that the matter may be disposed of directing the
respondent University to take a decision afresh and forward the same to
the respondent JPSC to do the needful.
In view of the above facts, the writ petition is being
disposed of with a direction to the petitioner to move before the
University along with all the credentials by way of representation within
two weeks from today.
If the representation is filed within the aforesaid period, the
respondent University shall take a decision in accordance with rules,
regulations, guidelines and considering the judgment of the Hon'ble
Supreme Court as well as the report of the Hon'ble Justice (Retd.) S.C.
Agarwal and Hon'ble Justice (Retd.) S.B. Sinha Commission within six
weeks and forwarded the same to the respondent JPSC for doing the
needful. It goes without saying that after receiving the recommendation
from the respondent University, the respondent JPSC will take a decision
in accordance with law.
With aforesaid direction, the writ petition [W.P.(S)No. 4336
of 2020] disposed of.
( Sanjay Kumar Dwivedi, J)
SI/,
