Jharkhand High Court
Md. Abdul Karim vs State Of Jharkhand on 22 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3021 of 2021
Md. Abdul Karim ... .... Petitioner
Vs.
1. State of Jharkhand
2. Principal Secretary, Higher, Technical Education and Skill Development, Govt. of
Jharkhand, Project Building, Dhurwa, Ranchi
3. Director, Higher Education, Technical Education and Skill Development, Govt.
of Jharkhand, Project Building, Dhurwa, Ranchi
4. Vice Chancellor, Sido Kanhu Murmu University, Dumka
5. Registrar, Sido Kanhu Murmu University, Dumka
6. Principal, Millat College, Parsa, Godda
... ..... Respondents
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CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
(Through: Video Conferencing)
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For Petitioner : Mr. Amit Kumar Verma, Advocate
For Respondents : Mr. Shubham Mishra, AC to SC (M)-II
For University : Dr. A.K. Singh, Advocate
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04/ 22.09.2021 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.
23.06.1976 in place of 30.04.1986. The further prayer is made to give time bound
promotion to the petitioner. Further, prayer has been made for a direction upon the
respondents to extend the consequential benefits, which is accrued out of the change of
date of initial appointment along with benefits of 5th, 6th & 7th Pay Revision and to pay
the arrears along with statutory interest upon arrears of the promotional benefits to the
petitioner.
Mr. Amit Kumar Verma, learned counsel for the petitioner submits that the
petitioner joined the post of lecturer on 23.06.1976 in Bhagalpur University which is
now Sido Kanhu Murmu University, Dumka in Mathematics subject. Later on, the
service of the petitioner was confirmed on the post of Lecturer and the appointment
was approved by the Bhagalpur University. Learned counsel further submits that the
petitioner superannuated on 30.06.2009 from Millat College, Parsa. He submits that the
Millat College, Parsa was an affiliated college under the Bhagalpur University and was
later on converted into Constituent Unit of Bhalgalpur in the year, 1986. He further
submits that the petitioner filed representation on 29.02.2016 before the respondents
for shifting the date of his initial appointment as his initial appointment was wrongly
shifted at the time of fixation of pay revision and also for grant of promotion from the
post of Lecturer to Reader and then to that of Professor, but the respondents are sitting
tight over the matter. 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.
Dr. A.K. Singh, learned counsel for the respondent University and Mr. Shubham
Mishra, 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 as well as relevant facts and guidelines for extending
as claimed 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 from the date of receipt of such representation.
With the above observations and directions, this writ petition stands
disposed of.
(Dr. S.N. Pathak, J.)
punit/
