Jharkhand High Court
Dr. Mahendra Prasad Sah vs The State Of Jharkhand on 8 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.4140 of 2020
Dr. Mahendra Prasad Sah, aged about 70 years, son of Late Shahdeo
Sah, resident of village & P.O. Parsa, P.S. Hanwara, District-Godda
.... .... .... Petitioner
Versus
1. The State of Jharkhand
2. Principal Secretary, Higher, Technical Education and Skill
Department, Government of Jharkhand, Ranchi
3. The Director, Higher, Technical Education and Skill Department,
Government of Jharkhand, Ranchi
4. Vice Chancellor, Sido Kanhu Murmu University, Dumka
5. Registrar, Sido Kanhu Murmu University, Dumka
6. Principal, Millet College, Parsa, Godda
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Amit Kumar Verma,, Advocate
For the Respondent State : Mr. Manoj Kumar, G.A.-III
For the Respondent Nos.4&5 : Mr. Akashdeep, A.C. to Dr. Ashok Kumar
Singh
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04/Dated:-08.03.2021
Heard Mr. Amit Kumar Verma, learned counsel for the
petitioner, Mr. Manoj Kumar, learned counsel for the respondent-State
and Mr. Akashdeep, A.C. to Dr. Ashok Kumar Singh, learned counsel for
respondent nos.4 and 5.
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 to
the concerned respondents for shifting the initial date of appointment
of the petitioner w.e.f. 23.11.1975 in place of 30.04.1986. The further
prayer is made to give all the benefit accrued to the petitioner and to
give time bound promotion to the petitioner.
Mr. Amit Kumar Verma, learned counsel for the petitioner
submits that the petitioner joined on the post of lecturer on
23.11.1975 in Bhagalpur University which is now Sido Kanhu Murmu
University, Dumka in Economics subject. Later on, the service of the
petitioner was confirmed on the post of Lecturer and the appointment
was approved by the Bhagalpur University. He also submits that the
petitioner was superannuated on 31.03.2012 from Millat College,
Parsa. He submits that the Millat College, Parsa was an affiliated
college to Bhagalpur University and was converted into Constituent
Unit of Bhalgalpur in the year, 1986. He further submits that the
petitioner filed representation on 25.09.2020 to the Registrar, Sido
Kanhu Murmu University, Dumka for shifting the date of his substantive
appointment as his initial appointment was wrongly shifted at the time
of fixation of pay revision. He further submits that the case of the
petitioner is fully covered in view of the order passed by the coordinate
Bench of this Court in W.P. (S) No. 3375 of 2016 in the case of Dukhu
Ram Kuiry 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.
Mr. Akashdeep, A.C. to Dr. Ashok Kumar Singh, learned
counsel for the respondent University and Mr. Manoj Kumar, learned
counsel for the respondent-State jointly submit that if the petitioner
will file fresh representation, the respondents will take a decision on
such representation in light of the aforesaid judgment as well as the
facts and guidelines for the relief, as prayed by the petitioner.
In view of the above facts and considering the submission
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 today. 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 Kuiry (supra). 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.
With the above observations and directions, this writ
petition stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Satyarthi
