Jharkhand High Court
Aruneshwar Jha vs The State Of Jharkhand Through Its ... on 3 February, 2023
1 W.P.(S) No. 5049 of 2014
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5049 of 2014
1. Aruneshwar Jha
2. Abhay Kant Choudhary ... Petitioners
-Versus-
1. The State of Jharkhand through its Secretary, Human Resource
Development Department (Higher Education), Ranchi
2. Ranchi University through its Vice Chancellor, Ranchi
3. Registrar, Ranchi University, Ranchi
4. Yogada Satsanga Mahavidyala through its Principal, Dhurwa, Ranchi
5. University Grants Commission, New Delhi
6. Binod Bihari Mahto Koylanchal University through its Registrar,
Dhanbad
7. Bokaro Steel City College, Bokaro ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Sushant Kumar, Advocate
For the State : Mr. Om Prakash Tiwari, G.P.-III
For Ranchi University : Mr. Anoop Kumar Mehta, Advocate
Mr. Manish Kumar, Advocate
For V.B. University : Mrs. I. Sen Choudhary, Advocate
For the UGC : Dr. Jai Prakash Gupta, Advocate
Ms. Mohini Gupta, Advocate
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13/03.02.2023 Heard learned counsel for the parties.
2. This petition has been filed for quashing the office order dated
16.08.2014 issued by the Principal, Yogada Satsanga Mahavidyalaya, Ranchi
whereby the petitioner being Librarian has been ordered to be
superannuated after attaining the age of 60 years treating the petitioner to
be belonging to non teaching cadre.
3. Learned counsel for the petitioners submits that the petitioners were
appointed on the post of Librarian. He further submits that the Government
of India issued statutory directions under the U.G.C. Act to the U.G.C. for
upgradation in salary and scales of Librarian and Instructor of Physical
Education by letter dated 15.12.1982 which forms part of the 4 th Pay
Revision Recommendations of the U.G.C. which was made effective w.e.f.
01.01.1986. He submits that the Government of Bihar, Department of
Human Resources Development vide letter dated 29.05.1992, the
Government took a decision that all the Assistant Librarian/College Librarian
and the Physical Training Instructor in colleges would be given the U.G.C.
Pay Scales provided that they possess the requisite qualifications under the
U.G.C. recommendations under the 4th Pay Revision. He also submits that in
compliance of the directions of the Government of Bihar addressed to all the
Vice Chancellors of the various universities, Director (Higher Education),
Government of Bihar issued directions to all the Universities requesting
them to furnish particulars of the Assistant Librarian/College Librarian/
Physical Training Instructors functioning in the colleges for the purpose of
pay fixation and for grant of U.G.C. scale to them. He further submits that
the said scale has not been provided to the petitioners and they have been
treated as non-teaching staff whereas as per the provisions, they will be
treated as teaching staff.
4. On the other hand, learned counsel for the State as well as U.G.C.
and Universities jointly submit that the petitioners have already been retired
on holding the post of Librarian. The petitioners have therefore challenged
the said notification alleging that they have been retired before the age of
retirement of teaching staff in the Universities in the State of Jharkhand in
view of the amendment carried out in the relevant portion of the Jharkhand
State Universities Act, 2000 Section 67 thereof. They further submit that
identical issue was decided by the coordinate Bench of this Court in W.P.(S)
No.988 of 2012 vide order dated 30.04.2014 and the said order was
affirmed by the Division Bench in L.P.A. No.215 of 2014 vide order dated
10.03.2015.
5. The Amendment Act No. 5 of 2005 reads as follows:
"TO AMEND JHARKHAND STATE UNIVERSITY ACT, 2000
(Adopted)
Be it enacted in the fifty sixth year of the Republic of India as
follows:-
1. Short title, extent and commencement:
(i) This Act, may be called Jharkhand State University
(Amendment) Act, 2005
(ii) It shall come into force at once
(iii) It shall extend to the whole of the State of
Jharkhand.
2. Substitution of the clause in Section 67(a) of the
Jharkhand State University Act, 2000 (Adopted). In section 67,
for the following clause in sub-section(a). "
Notwithstanding anything to the contrary contained in any
Act, Rules or any Judgment or decree of a court, the date of
retirement of teaching and non-teaching employee of the
University or of a College shall be the date on which he/she
attains the age of sixty years".
Shall be substituted by the following provisions, namely:-
"The date of retirement of teachers of University or College
and those officers declared equivalent to them by the statute
of the University, with effect from the date of notification of
this Act in the official Gazette, shall be the date on which
he/she attains the age of sixty two years; the date of
retirement of non-teaching employee shall be the date on
which he/she attains the age of the sixty years."
6. The petitioners have however not been able to show any notification
or order of the University under which the post of Librarian has been
declared equivalent to that of the teacher of University or college by the
statute of the University as per the requirement of the amended provision.
The main contention of the petitioner is that they are having the requisite
qualification of teaching posts as implemented under the UGC
recommendation.
7. The same has been disputed by the State, UGC and University.
8. The definition of teacher as contained in the Act of 2000 at Section
2(v), which is also quoted herein below, suggests that librarian does not
appear to be included in the definition of teacher and such person cannot
be said to be imparting instruction in department, college or institute in a
manner read ejusdem generis with the earlier expression of Principal,
University Professor, College Professor, Reader, Lecturer, Demonstrator as
included in the definition of teacher.
"Section 2(v):-Teacher" includes Principal, University
Professor, College Professor, Reader, Lecturer, Demonstrator
and other person imparting instruction in department, college
or institute maintained by the University."
9. In view of the above facts, reasons and analysis and considering that
relevant provision of Universities Act, 2000 including its amendment of
2005, the petitioners have failed to make out a case that they are entitled
to continue till the age of superannuation while holding the post of
Librarian. Moreover, the coordinate Bench has already decided this issue in
W.P.(S) No.988 of 2012 and considering that the judgment of the coordinate
Bench has been affirmed by the Division Bench in L.P.A. No.215 of 2014,
vide order dated 10.03.2015, no relief can be extended to the petitioner.
10. Accordingly, this petition stands dismissed.
11. Pending I.As., if any, stand disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
