Jharkhand High Court
(Dr. Brahma Nand Sahu & Ors. vs . The State Of Jharkhand & Ors.) on 25 October, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1939 of 2021
(Dr. Brahma Nand Sahu & Ors. Vs. The State of Jharkhand & Ors.)
With
W.P. (S) No. 2190 of 2021
(Annapurna Jha & Ors. Vs. The State of Jharkhand & Ors.)
With
W.P. (S) No. 2576 of 2021
(Surya Nath Singh & Ors. Vs. The State of Jharkhand & Ors.)
With
W.P. (S) No. 2763 of 2021
(Chandra Kant Kamal & Ors. Vs. The State of Jharkhand & Ors.)
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
For the Petitioners : Mr. Ajit Kumar, Sr. Advocate
Mr. Chanchal Jain, Advocate
For the Respondents : Mr. Suraj Prakash, AC to GP-II
Mr. Indranil Bhaduri, SC-IV
For the Ranchi & VBMK University : Mr. A.K. Mehta, Advocate
For the VBU & Kolhan University : Mr. Shivam Singh, Advocate
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03/ 25.10.2021 Heard the parties.
Since the common issues are involved in all these writ petitions, they
are tagged together.
The main grievance of the petitioners is that one set of adhoc
employees are being placed by another set of adhoc arrangement and as such, prayer
has been made for allowing petitoners to continue on their posts till regular
appointment is made and to give due weightage of experience and relaxation of age to
the petitioners in case of fresh appointment. Further, prayer has been made for a
direction upon the respondents to pay at least the minimum of pay-scale to the
petitioner admissible to the post in question on the principle of equal pay for equal
work.
Mr. Ajit Kumar, learned Sr. counsel for the petitioners draws the
attention of the Court towards the catena of judgment of this Court as well as Hon'ble
Apex Court and submits that since the petitioners are working since long on the said
posts and rendering their services to impart the education in the Universities and
colleges situated in the State of Jharkhand, they are entitled for pay-scale, which other
regular teachers, imparting the education are getting and as such, there is huge
difference in salary between adhoc employees and regular employees.
Every day, several cases are filed seeking equal pay equal work from
the employees working in the State Universities and their constituent Colleges on
adhoc basis. What has been seen in the Universities & Colleges of State of Jharkhand
that adhoc arrangement has been made for imparting education to the students.
Several appointments are being made on adhoc /temporary /Ghanti basis. Not only in
the Universities, in other departments also particularly in education Department, it has
become a practice for adhoc arrangement, even the Vice Chancellor, Professors, Head
of Department, Readers, Principals are appointed on adhoc basis. Even in the
Engineering Department adhoc appointments are being made such as In-charge
Executive Engineer, In-charge Chief Engineers are arranged. This practice of the State
of Jharkhad is deprecated, which cannot be praised. It is the money of the tax payers,
which is being wasted by the State Government on adhoc arrangement. Rightly, the
claim is being made by the petitioners for payment of equal pay for equal work in
view of the catena of decisions rendered by the Hon'ble Apex Court.
Ultimately, it is the students, who are suffering due to appointment of Asst.
Professors on adhoc basis. In the initial phase, when the State came into existence,
similar issue fell for consideration before this Court and this Court considering every
aspect of the matter, delivered a judgment, directing the respondent-State for
appointment in the Universities on regular and permanent basis. Almost 20 years have
passed since the State came into existence and the judgment was passed 13 years
back, but the State has not been arisen from deep slumber. Now, the same question fell
for consideration today also in these batch of writ petitions and as such, instead of
deciding the cases on limited prayer, I hereby direct the respondent-State as well as all
the University/Colleges in the State of Jharkhand to come with the exact figures as to
how many posts of Asst. Professors /Associate Professors/Professors are lying vacant
in all the Universities/Colleges of the State and whether the State intends to make
regular appointment on the said posts and whether any initiative has been taken after
passing of the orders of this Court 13 years back. Let an affidavit to that effect be filed
by the respondent-State as well as State Universities.
Learned counsel for the petitioners are directed to implead all the State
Universities as party-respondents in the array of the parties in the main writ petitions.
Let a copy of this order be communicated to the Chief Secretary of the State
as well as Registrars & Vice Chancellors of all the State Universities and also to
concerned Counsels for taking necessary action.
Put up these cases on 15.12.2021.
(Dr. S.N. Pathak, J.)
punit/-
