Sachchidanand Sharma vs The State Of Jharkhand
2021 Latest Caselaw 193 Jhar

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(S) No. 3902 of 2020

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1.Sachchidanand Sharma, aged about 70 years, s/o late Lakhanlal Sharma, r/o Dr. S.N.Sharma, Flat No.304, Sri Laxmi Apartment, R.R.B. Colony, Indrapuri Road, Sukhdeo Nagar, Ratu Road, PO Ratu, PS Ratu, Dist. Ranchi, Jharkhand

2.Ramakant Sharma, aged about 70 years, s/o late Sheodhyan Sharma, r/o C/o S.K. Diwakar, S-210, Paragna Uptown, Neeladri Road, Bangalore, Electronic City, Phase-1, Karnataka ..... Petitioners

-- Versus --

1.The State of Jharkhand

2.Secretary, Department of Higher and Technical Education, Govt. of Jharkhand at Nepal House, PO Doranda and PS Doranda, District Ranchi, Jharkhand

3.The Vice Chancellor, Vinoba Bhave University, PO Hazaribagh, PS Hazaribagh, Dist. Hazaribagh, Jharkhand

4.The Registrar, Vinoba Bhave University, PO Hazaribagh, PS Hazaribagh, Dist. Hazaribagh, Jharkhand ...... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Saurav Arun, Advocate For Resp.-State :- Mr. Deepak Kumar Dubey, AC to AG For Resp.University:- Mrs. Indrani Sen Choudhary, Adocate

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2./14.01.2021 Heard Mr. Saurav Arun, the learned counsel for the

petitioner, Mr. Deepak Kumar Dubey, the learned counsel appearing on

behalf of the respondent State and Mrs. Indrani Sen Choudhary, the

learned counsel appearing on behalf of the respondent 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 a direction

upon the respondents for payment of the arrears of salary as per 5 th, 6th

and 7th pay revision to the petitioner in the pay scale of Rs.12000-420-

18300/- with effect from 01.01.1996 till 30.05.2005 which has not been

paid to the petitioner as the issue is no more res integra and decided by

this Court and also affirmed up to the Division Bench of this Court by

which the issue regarding two pay scales of Reader have been struck

down considering only one post of Reader in view of the judgment

passed by this Court in W.P.(S) No.4162 of 2013 affirmed in L.P.A. No.661

of 2019.

4. Mr. Saurav Arun, the learned counsel for the petitioner

submits that the petitioner no.1 was appointed as a Lecturer as on

18.01.1982 in K.B. College, Bermo, promoted as Reader as on

18.01.1992 and done Ph.D on 6th July, 1982, the petitioner no.1 retired

on 29.02.2012 from K.B. College, Bermo as a Reader (Associate

Professor), similarly petitioner no.2 appointed as Lecturer on 01.01.1981

in K.B.College, Bermo, promoted as Reader on 01.01.1991 and done

Ph.D. on 07.02.1991 and retired on 30.11.2016, the petitioner no.1 was

Lecturer in the subject of Mathematics whereas the petitioner no.2 was

Lecturer in the subject of Zoology. It is averred in the writ petition that

under the career advancement scheme of the UGC which shows that

minimum length of service for eligibility to move in the grade of

Lecturers, senior scale would be 4 years for those with Ph.D, 5 years with

those M.Phil and 6 years for those at the level of Lecturers and for

eligibility to move into the grade or Reader/Lecturers -Selection Grade,

the minimum length of service of Lecturer in senior selection grade shall

be uniformly 5 years. It is mentioned in the paragraph no.32 of the writ

petition that it will be evident from the order dated 06.09.2019 after the

order passed in LPA No.22/2018, the State Government came out with a

notification directing all the Universities to state that total number of

Readers of the entire State in various Universities who were granted

promotion under 'Time bound promotion scheme/ Merit promotion

scheme', meaning thereby after the order passed by the Division Bench,

the respondent/State is taking stand for paying the arrears to all the

Readers in one pay scale i.e. Rs.12,000-420-18,300/- in 5th, 6th and 7th

pay revision committee. It is mentioned that the petitioners were

otherwise eligible for being placed at the Lecturer Selection Grade in the

scale of Rs.12,000-420-18,300/- at the time of promotion to the post of

Reader under the scheme, but they have been placed in the Scale of

Rs.10,000-15,200/-. He further submits that the issue is no more res

integra in view of the judgment rendered by this Court in "Prashant

Kumar Mishra and Others v. State of Jharkhand and Othrs, in W.P.(S)

No.4162 of 2013 and "Geeta v. State of Jharkhand and Othrs" in W.P.(S)

No.3690 of 2018. He submits that the matter may kindly be disposed of

with a direction to the respondent State to consider the case of the

petitioner in the light of the judgment rendered by this Court in cases of

"Prashant Kumar Mishra & Others v. State of Jharkhand and Others" and

"Geeta v. State of Jharkhand and Others".

5. Mrs. Indrani Sen Choudhary, the learned counsel for the

University submits that it is in the domain of the State to consider the

case of the petitioner. She further submits that if any rectification will be

done by the State Government, the University shall comply the same.

6. The learned counsel for the respondent State submits that

the identical matters in the case of "Prashant Kumar Mishra" and "Geeta"

(supra) the matter has been set at rest which was affirmed in L.P.A.

No.22 of 2018. It is stated that on the basis of the above mentioned

judgments, the Court may dispose the instant case accordingly.

7. In view of the above admitted position, the respondent

State is directed to consider the case of the petitioners in the light of the

judgment rendered by this Court in "Prashant Kumar Mishra" and "Geeta"

(supra) and also L.P.A. No.22 of 2018 and pass appropriate reasoned

order within a period of 8 weeks from the date of receipt /production of a

copy of this order.

8. It goes without saying that if the decision is taken in favour

of the petitioner the same shall be communicated to the University within

a period of four weeks so that the benefit of the same may be accrued to

the petitioners at the earliest.

9. With the above observations and direction, the instant writ

petition [W.P.(S) No.3902 of 2020] stands disposed of.

10. I.A., if any, also stands disposed of.

( Sanjay Kumar Dwivedi, J) SI/