Jharkhand High Court
Dr. Hemlal Sharma vs The State Of Jharkhand on 14 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S).No. 2340 of 2020
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Dr. Hemlal Sharma ... ... ... ...Petitioner
-Versus-
1. The State of Jharkhand
2. The Principal Secretary, Higher and Technical Education Department,
Project Building, P.O. & P.S. Dhurwa, District- Ranchi (Jharkhand)
3. The Director, Directorate of Higher Education, Higher and Technical
Education Department, Project Building, P.O. & P.S. Dhurwa, District-
Ranchi (Jharkhand)The Vice Chancellor, Sido Kanhu Murmu University,
Dumka, P.O. Shievphare, P.S. Dumka Town, District- Dumka (Jharkhand)
4. The Vice Chancellor, Sido Kanhu Murmu University, Dumka, P.O.
Shievphare, P.S.Dumka Town, District- Dumka (Jharkhand)
5. The Registrar, Sido Kanhu Murmu University, Dumka, P.O. Shievphare, P.S.
Dumka Town, District- Dumka (Jharkhand)
6. The Principal, Millat College, Parsa, P.O. & P.S. Hanwara, District- Godda
(Jharkhand)
7. The Treasury Officer, Dumka, P.O. Dumka, P.S. Dumka Town, District-
Dumka (Jharkhand) ... ... ... ....Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
(Through: Video Conferencing)
For the Petitioners : Mr. Md. Jalisur Rahman, Advocate
For the Respondent- State : Mr. Sreenu Garapati, SC-III
For the University : Dr. Akash Deep, Advocate
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05/ 14.07.2021 The petitioner has preferred this writ petition for direction to
the concerned respondents for shifting the initial date of appointment of the
petitioner w.e.f. 31.05.1982 in place of 09.05.1988. Further, prayer is made for
extending consequential b e n e f i t s in revision of pay pursuant to the 5th, 6th &
7th PayRevision under U.G.C and time bound promotions from the date of his
initial appointment i.e. 31.05.1982 in place of 09.05.1988.
Mr. Md. Jalisur Rahman, learned counsel for the petitioner submits
that there was one (2nd) sanctioned post, one each in the subject of Economics,
Political Science, History, English, Hindi, Philosophy Mathematics, Urdu and
Persian in Millat College, Parsa, Godda, which is apparent from memo dated
13.11.1985, which is at Annexure-1 to this writ petition. He further submits
that the petitioner joined to the post of Lecturer in Hindi in the Department of
Hindi in Millat College, Parsa, Godda at 11:00 a.m. on 01.06.1982, which was
duly accepted. The said joining report is brought on record as Annexure-3
to this writ petition. He further submits that in the year, 1990, the petitioner
passed and awarded Doctor of Philosophy in Arts (Humanitarian) from the
Bhagalpur University, Bihar. He further submits that the petitioner filed
representation on 23.06.2020 to the Registrar, Sido Kanhu Murmu University,
Dumka for shifting the date of his substantive appointment as his initial
appointment was wrongly shifted to 09.05.1988 at the time of pay fixation
pursuant to 5th & 6th Pay Revision. He further submits that the case of the
petitioner is fully covered in view of the order passed by a coordinate Bench of
this Court in W.P. (S) No. 3375 of 2016 in the case of Dukhu Ram Koiri v.
State of Jharkhand & Others. He also submits that in another identical writ
petition being W.P. (S) No. 6290 of 2011, the writ petition was disposed of vide
order dated 25.02.2019 with liberty to the petitioner of that case to file
representation before the concerned authority and the concerned authority was
directed to take a fresh decision in accordance with law within 16 weeks from
the date of receipt/production of that order. He further submits that recently a co-
ordinate Bench of this Court has decided another identical writ petition being
W.P.(S) No.7037 of 2019 vide order dated 05.06.2020. In such circumstances, a
direction be issued to respondents to consider the case of the petitioner in view of
the aforesaid cases.
Mr. Akash Deep, learned counsel for the respondent-University and
Mr. Sreenu Garapati, learned counsel for the respondent-State jointly submit that
if the petitioner files a fresh representation, the respondents will take a decision
on such representation in light of the aforesaid judgment and extend the similar
benefits, if he is found entitled for the same.
In view of the above facts and considering the submissions of the
learned counsel for the parties, the petitioner is directed to file a fresh
representation before respondent no.5 within a period of two weeks from the date
of receipt of a copy of this order. If such representation is filed by the petitioner
within the aforesaid period, respondent no.5 will place it before the appropriate
Committee for taking a decision in light of the guidelines as well as the judgment
rendered by the coordinate Bench of this Court in Dukhu Ram Koiri (supra)
case. Since the petitioner is an elderly man, the decision needs to be taken at the
earliest. In that view of the matter, the respondent-University shall take a decision
within 6 weeks thereafter. After taking the decision, the respondent-University
will communicate the same to the respondent-State of Jharkhand and the
respondent-State of Jharkhand shall take a decision in light of the
recommendation of the University, in favour of the petitioner, within a period of
8 weeks thereafter and if the petitioner is entitled for relief as claimed, the same
shall be extended to him, within the aforesaid period.
With the above observations and directions, this writ petition stands
disposed of.
(Dr. S.N. Pathak, J.)
punit /-
