Jharkhand High Court
Lal Bihari Singh vs The State Of Jharkhand on 2 March, 2021
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(S) No. 4352 of 2020
1. Lal Bihari Singh, son of late Ram Ashish Singh
2. Bholanath Sinha, son of Late Shankar Shekhar Sinha
3. Jai Narayan Singh, son of Late Radha Prasad Singh
4. Shiv Kumar Chopra, son of Late Muluk Raj Chopra
5. Devendra Kumar, son of Late Kalika Prasad Rai
6. Ramjee Singh Yadav, son of Late Sadhu Singh Yadav
7. Narayan Mahto, son of Late Shambhu Nath Mahto
8. Avinash Kaur, daughter of Late Hazra Singh
9. Seema Sinha, daughter of Shyam Nandan Sinha
10. Vijay Kumar, son of Late Sharda Sharma
11. Gulab Chandra Prasad, son of Late Rupan Prasad
12. Naresh Kumar Ambastha, son of Late Chhedilal
13. Swapna Kundu, daughter of Shyama Pada Kundu
14. Debjani Biswas, son of late Anil Kumar Biswas
15. Meena Srivastava
16. Madhurima Singh, daughter of Late Satish Chandra Singh
17. Satyendra Kumar, son of Late Feku Kumar
18. Gyan Chandra Roy, son of late Goberdhan Prasad Roy
19. Ajeya Kumar Singh @ Ajaya Kumar Singh, son of Late Parasnath
Singh ..... Petitioners
-- Versus -
1.The State of Jharkhand
2. Secretary, Department of Higher and Technical Education, Govt. of
Jharkhand, Ranchi
3.The Vice Chancellor, Binod Bihari Mahto Koylanchal University,
Dhanbad
4. The Registrar, Binod Bihari Mahto Koylanchal University, Dhanbad
...... Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners :- Mr. Saurav Arun, Advocate
For Resp.-State :- Mr. Ashish Thakur, Advocate
For the University : Mr. Manish Kumar, A.C. to Mr. A.K. Mehta
5./Dated:-02.03.2021
Heard Mr. Saurav Arun, the learned counsel for the petitioners,
Mr. Ashish Thakur, the learned counsel appearing on behalf of the
respondent-State and Mr. Manish Kumar, learned counsel for the
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 petitioners have preferred this writ petition for direction
upon the respondents for payment of the arrears of salary as per 5th,
6th and 7th pay revision to the petitioner in the pay scale of Rs.12000-
420- 18300/- with effect from 01.01.1996 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 petitioners submits
that the petitioner no. 1 was appointed as Lecturer on 23.11.1981 in
Sindri College in Zoology Department and thereafter he was
transferred to P.K.R.M. College, Dhanbad and promoted to the post of
Reader on 23.11.1991 and done his Ph.D in the year, 2007 and about
to retire on 30.11.2022, petitioner no. 2 was appointed as Lecturer on
11.01.1982 in RSP College, Jharia in Commerce Department at present
holding the post of Dean in Binod Bihari Mahto Koylanchal University,
Dhanbad and promoted to the post of Reader on 06.02.1992 and done
Ph.D in the year, 2005 and about to retire on 30.07.2024, petitioner no.
3 was appointed as Lecturer on 03.12.1981 in RSP College, Jharia in
Botany Department and promoted to the post of Reader on
03.12.1991, done his Ph.D in the year, 2005 and about to retire on
31.12.2023, petitioner no. 4 was appointed as Lecturer on 11.01.1982
in RSP College, Jharia in Commerce Department and promoted to the
post of Reader on 06.02.1992 and about to retire on 30.04.2023,
petitioner no. 5 was appointed as Lecturer on 10.12.1981 in P.K.R.M.
College, Dhanbad in History Department and promoted to the post of
Reader on 10.12.1991, done his Ph.D in the year, 2008 and retired on
01.03.2020, petitioner no. 6 was appointed as Lecturer on 12.12.1981
in P.K.R.M. College, Dhanbad in Psychology Department and promoted
to the post of Reader on 12.12.1991, done his Ph.D in the year, 1998
and retired on 31.07.2020, petitioner no. 7 was appointed as Lecturer
on 18.01.1982 in RSP College, Jharia in Mathematics Department and
promoted to the post of Reader on 22.01.1992, done his Ph.D in the
year, 1998 and retired on 30.04.2019, petitioner no. 8 was appointed
as Lecturer on 11.08.1980 in Sindri College, Sindri in Psychology
Department and promoted to the post of Reader on 29.11.1991, done
his Ph.D in the year, 2014 and retired on 30.11.2020, petitioner no. 9
was appointed as Lecturer on 27.02.1982 in SSLNT Mahila
Mahavidyalaya, Dhanbad in English Department and promoted to the
post of Reader on 27.02.1992, done his Ph.D in the year, 2008 and will
retire on 28.02.2023, petitioner no. 10 was appointed as Lecturer on
20.01.1982 in Chatra College, Chatra in Mathematics Department and
thereafter he was transferred to P.K.R.M. College, Dhanbad and
promoted to the post of Reader on 28.01.1992, done his Ph.D in the
year, 1990 and retired on 11.08.2019, petitioner no. 11 was appointed
as Lecturer on 06.01.1982 in P.K.R.M. College, Dhanbad in Commerce
Department and promoted to the post of Reader on 06.02.1992, done
his Ph.D in the year, 2000 and retired on 31.06.2020, petitioner no. 12
was appointed as Lecturer on 06.06.1983 in P.K.R.M. College,
Dhanbad in Philosophy Department and promoted to the post of
Reader on 06.06.1993, done his Ph.D in the year, 1996 and retired on
30.11.2020, petitioner no. 13 was appointed as Lecturer on
21.01.1982 in SSLNT Mahila Mahavidyalaya, Dhanbad in Chemistry
Department and promoted to the post of Reader on 21.01.1990, done
his Ph.D in the year, 1981 and retired on 30.09.2020, petitioner no. 14
was appointed as Lecturer on 08.12.1981 in SSLNT Mahila
Mahavidyalaya, Dhanbad in Political Science Department and
promoted to the post of Reader on 08.12.1991, done his Ph.D in the
year, 2001 and will retire on 30.09.2022, petitioner no. 15 was
appointed as Lecturer on 19.02.1979 in Gumla College, Gumla in
Psychology Department thereafter transferred to SSLNT Mahila
Mahavidyalaya, Dhanbad and promoted to the post of Reader on
09.02.1989, done her Ph.D in the year, 1992 and will retire on
31.05.2021, petitioner no. 16 was appointed as Lecturer on
10.08.1979 in B.S.K. College, Maithon in Botany Department and
promoted to the post of Reader on 18.11.1991, done his Ph.D in the
year, 1989 and retired on 31.05.2019, petitioner no. 17 was appointed
as Lecturer on 08.09.1976 in Katras College, Katrasgarh in History
Department and promoted to the post of Reader on 01.09.1988, done
his Ph.D in the year, 2016 and retired on 31.12.2019, petitioner no. 18
was appointed as Lecturer on 29.11.1981 in Katras College,
Katrasgarh in Political Science Department and promoted to the post of
Reader on 07.12.1991, done his Ph.D in the year, 2016 and about to
retire on 30.04.2023 and petitioner no. 19 was appointed as Lecturer
on 07.12.1981 in Katras College, Katrasgarh in English Department and
promoted to the post of Reader on 07.12.1991 and retired on
31.03.2019. 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 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
Others, 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 petitioners 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. The State counsel submits that the Government came out with
a notification directing all the Universities to state that the total
number of Readers in the entire State in various Universities who were
granted promotion under time bound promotion scheme meaning
thereby after the order passed by the Division Bench in the aforesaid
LPAs.
6. Learned counsel for the petitioners further submits that the
respondents are bound to act in terms of letter dated 11.09.2020 by
which the arrears of pay scales of Reader in 5th, 6th and 7th pay revision
has been given to the writ petitioners of W.P(S) No. 4162/2013, L.P.A.
No. 22/2018 and L.P.A. No. 661/2019 and cannot adopt discriminatory
attitude in respect of the present petitioners by way of pick and choose
method.
7. Mr. Manish Kumar, A.C. to Mr. A.K. Mehta, the learned counsel for
the University submits that it is in the domain of the State to consider
the case of the petitioners. He further submits that if any rectification
will be done by the State Government, the University shall comply the
same.
8. 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 and L.P.A. No. 661/2019. It is stated that on the
basis of the above mentioned judgments, the Court may dispose the
instant case accordingly.
9. 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 L.P.A. No.
661 of 2019 and pass appropriate reasoned order within a period of 8
weeks from the date of receipt /production of a copy of this order.
10. It goes without saying that if the decision is taken in favour
of the petitioners 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.
11. With the above observations and direction, the instant writ
petition stands disposed of.
12. I.A., if any, also stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/-
