Jharkhand High Court
Dr. Anil Chandra Gorai Son Of Late ... vs The State Of Jharkhand Through The ... on 25 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1795 of 2009
Dr. Anil Chandra Gorai son of Late H.L. Gorai, resident of Adarsh
Nagar, Durga Mandir Road, Hirapur, P.O. and P.S. Dhanbad,
presently posted as Head of Department, Zoology Department, R.S.P.
College, Jharia, Dhanbad, P.O. P.S. and District Dhanbad
... ... Petitioner
Versus
1. The State of Jharkhand through the Secretary, Human Resources
Development Department, Government of Jharkhand, Project
Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District
Ranchi
2. The Director, Higher Education, Human Resources Development
Department, Government of Jharkhand, Project Building, Dhurwa,
P.O. Dhurwa, P.S. Jagannathpur, District Ranchi
3. Vinoba Bhawe University, Hazaribagh through its Registrar,
Hazaribagh, P.O. P.S. and District Hazaribagh
4. Jharkhand Public Service Commission through its Secretary,
having its office at Circular Road, Ranchi, P.S. Lalpur, District
Ranchi ... ... Respondents
---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioner : Mr. Abhay Kumar Tiwari, Advocate
For the Respondents : Mr. Sanjay Piprawall, Advocate
Mrs. I. Sen Choudhary, Advocate
---
Through video conferencing
11/25.03.2022 Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:
For quashing part of the order contained in Memo No. 407
Ranchi dated 17.03.2008 (Annexure-7) issued under the signature of
Secretary, Jharkhand Public Service Commission, Ranchi, respondent
No. 4, whereby while recommending the case of petitioner for
promotion to the post of Professor under 16 years time bound scheme,
as prescribed under the Statute of the University, a condition has been
imposed that the said promotion would be effective only from the date
on which a research scholar under the petitioner has been conferred
the degree of Ph. D. contrary to settled law that the relevant date to be
reckoned for granting promotion to the post f Professor, should be the
date of registration of research scholar enrolled under the teacher
concerned i.e. the petitioner herein, and not the date on which he
obtained Ph.D. degree as has already been held in the case of Dr.
Kalpa Nath Singh and others in CWJC No. 2014/97 vide judgment
dated 30.09.97 and also followed in the case of Dr. Vanmala
Choudhary in W.P. (S) No. 3596 of 2004 by this Hon'ble Court vide
judgment dated 08.07.2008 as otherwise the same would amount to
denial of valuable legal and fundamental right of the petitioner to be
promoted on the said post of professor with effect from an earlier date
as stated above in wholly arbitrary, illegal and unreasonable manner
For commanding the respondents to sanction and pay all
consequential monetary benefits to the petitioner on being promoted
as Professor w.e.f. 02.09.1993 i.e. the date on which a research
scholar has been enrolled for Ph. D. Degree under petitioner's
guidance.
3. Learned counsel for the petitioner Mr. Abhay Kumar Tiwari on
instruction from his client seeks permission to withdraw this writ
petition.
4. Learned counsels for the respondents have no objection to the
prayer for withdrawal of the case.
5. Accordingly, this writ petition is dismissed as withdrawn.
6. Pending I.A., if any, is closed.
7. Interim order, if any, stands vacated.
(Anubha Rawat Choudhary, J.)
Binit
