Jharkhand High Court
Damodar Pandey (Aged About 65 Years) S/O ... vs The State Of Jharkhand Through ... on 10 September, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:27837
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.6383 of 2023
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Damodar Pandey (aged about 65 years) S/O Late Sharda Nand
Pandey. At present Resident of Jharkhand Dham, P.O. Murkhari,
P.S. Raj Dhanwar, District-Giridih, Jharkhand. Permanent
resident of village-Bhalsumbha, P.O. Korane, P.S.
Chandramandih, District- Jamui (Bihar) ... Petitioner(s).
Versus
1. The State of Jharkhand through Principal Secretary,
Department of Higher Education, Human Resources Department,
Government of Jharkhand, Ranchi, Doranda, Office at Nepal
House, P.O. & P.S. Doranda, District- Ranchi.
2. The Director, Higher Education, Jharkhand, Nepal House,
P.O. & P.S. Doranda, District- Ranchi.
3. The Vice Chancellor, Vinoba Bhave University, Hazaribagh,
At., P.O. & P.S. Hazaribagh, District-Hazaribagh.
4. The Registrar, Vinoba Bhave University, Hazaribagh, At, P.O.
& P.S. Hazaribagh, District- Hazaribagh.
5. The Deputy Commissioner, Giridih-cum- Secretary, Governing
Body, Sanskrit Vidyapith, Jharkhand Dham, Giridih At, P.O. &
P.S. Jharkhand Dham, District- Giridih, Jharkhand.
6. The Principal, Sanskrit Vidyapith, Jharkhand Dham, Giridih, At,
P.O. & P.S. Jharkhand Dham, District- Giridih, Jharkhand.
7. The Chairman, Jharkhand Public Service Commission, At
Lalpur, P.O. & P.S. Lalpur, District-Ranchi.
8. The Secretary, Jharkhand Public Service Commission, At
Lalpur, P.O. & P.S. Lalpur, District-Ranchi ... Respondent(s).
CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Prakash Chandra, Advocate
Mr. Virendra Kumar, Advocate
For the State : Mr. Faisal Allam, AC to SC Mines-III
For JPSC : Mr. Abhay Prakash, Advocate
Mr. Amritanshu Singh, Advocate
Mr. D. Agarwal, Advocate
.........
12 /10.09.2025: Heard the parties.
2. The petitioner in this petition has prayed to set-aside the
Memo No. 2763 dated 10.08.2023 whereby the respondents claim
for continuation of service of the petitioner and to regularize the
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service of the petitioner in the post in which he was working was
refused. Further prayer has been made to supply all the necessary
papers and documents as demanded by the Jharkhand Public
Service Commission to regularize the service of the petitioner.
3. Learned counsel appearing on behalf of the petitioner
submits that permanent concurrence of Jharkhand Public Service
Commission is necessary in this case as the petitioner was
appointed as Assistant Professor in English in Sanskrit Vidyapith,
Jharkhand Dham, Giridih now affiliated under the Vinoba Bhave
University against a sanctioned, vacant post. As his appointment
was initially temporary. It is his case that at the time of appointment,
temporary concurrence was given by Bihar Public Service
Commission which was extended on four occasion but after the
bifurcation of the State of Bihar, till his date of retirement, since
permanent concurrence was not accorded, the petitioner is
deprived of his pensionary and other retiral benefits though he has
worked for more than 30 years.
4. Learned counsel for the Jharkhand Public Service
Commission submits that they have returned all the documents
holding that Jharkhand Public Service Commission does not have
any power to give concurrence. They rely upon the judgment of
Coordinate Bench of this Court passed in WP(S) No. 2176 of 2011
dated 01.09.2015 titled "Dhaneshwar Prasad vs. Sidhu Kanhu
Murmu University and others" on this issue.
5. Learned counsel appearing on behalf of Vinoba Bhave
University supporting the case of the petitioner submits that the
petitioner was appointed in 1987. Temporary concurrence was
given by Bihar Public Service Commission. She further stated that
till date of superannuation the petitioner worked in college and it is
a fact that the petitioner was Assistant Professor in English and
was appointed by the affiliated college. Further the post in which
the petitioner was working was sanctioned and vacant, thus, the
petitioner was appointed. The University further submits that they
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have forwarded all the documents to the Jharkhand Public Service
Commission but the Jharkhand Public Service Commission for the
reasons best known had washed their hands off and did not pass
any order. It has been admitted that the petitioner has not got his
salaries and the retiral benefits.
6. Learned counsel appearing on behalf of the State admits
that the post in which the petitioner was appointed is permanent
post and was sanctioned. He also admits that the petitioner has
been appointed by the Governing Body of the college as per the
University Act and he has now superannuated.
7. From the arguments of the parties, it is clear that the
petitioner was appointed against the sanctioned and vacant post in
the affiliated college by the Governing Body, which was authorized
to do so. The Bihar Public Service Commission had given
concurrence for temporary appointment. The concurrence was
extended from time to time but the petitioner went on working and
ultimately after serving for more than 30 years he superannuated.
The petitioner preferred several litigations before this Court.
Ultimately the petitioner was directed to file a representation which
was dismissed by the authorities. The main grievance of the
petitioner is that he was not paid salary and retiral benefits though
he has served the college till his date of retirement. The ground for
non-payment of the same is the fact that there is no permanent
concurrence of service of the petitioner.
8. Section 57 of the Jharkhand State Universities Act, 2000
deals with the appointment of the teachers and officers. Section
57(1) provides that all the appointment in the University and
Colleges both constituent and affiliated shall be made on the
recommendation of the Jharkhand Public Service Commission.
Section 57(A)(1) of the said Act provides that appointment of
teachers of affiliated colleges which are not maintained by the State
Government shall be made by the Governing Body on the
recommendation of the Jharkhand Public Service Commission.
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Dismissal, termination, removal, retirement from service or
demotion in rank of a teacher of such colleges shall also be done
by the Governing Body, but in consultation with the Jharkhand
Public Service Commission in the manner prescribed in the statute.
It is necessary to quote section 57(A):
"57A. (1) Appointment of teachers of affiliated Colleges not
maintained by the State Government shall be made by the
Governing Body on the recommendation of the (Jharkhand Public
Service Commission. Dismissal, termination, removal, retirement
from service or demotion in rank of teacher of such colleges shall
be done by the Governing Body in consultation with the
[Jharkhand Public Service Commission in the manner prescribed
by the Statutes:
Provided that the Governing Bodies of affiliated minority
Colleges based on religion and language shall appoint, dismiss,
remove or terminate the services of teachers or take disciplinary
action against them with the approval of the Jharkhand Public
Service Commission:
Provided further that the advice of the Jharkhand Public
Service Commission shall not be necessary in cases involving
censure, stoppage of increment or crossing of efficiency bar and
suspension till investigation of charges is completed.
xxx
(c) For the purpose of absorbing the services of the
teacher of the affiliated colleges, who were appointed by
the governing body of the college against the sanctioned
posts before the establishment of the College Service
Commission and whose services have been approved by
the University as also the services of such teachers who
were appointed by the governing body on the
recommendations of the University Service Commission
(Dissolved College Service Commission) as the case
may be, approval of the Bihar State University
(Constituent Colleges) Service Commission shall be
necessary, and such teachers shall be absorbed in the
University Service from the date of making the College
constituent and their seniority shall be determined
according to the rules prescribed in the Statutes."
9. Admittedly the college in which the petitioner was serving
was an affiliated college. Before bifurcation of the State of Bihar,
the same was affiliated with Darbhanga University and thereafter
Vinoba Bhave University.
10. From the aforesaid provision of the Act, it is clear that the
appointment must be done with the consultation of Jharkhand
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Public Service Commission.
11. In the instant case, the petitioner was appointed prior to
bifurcation of the State of Bihar and as per the statement of the
Vinoba Bhave University there was temporary concurrence at the
time of his appointment by Bihar Public Service Commission. It is
also admitted by the University that the concurrence was extended
from time to time. Now when the petitioner has superannuated his
entire retiral benefits and some part of the salary was not paid on
the ground that there was no permanent concurrence. In view of
section 57(A) the Jharkhand Public Service Commission cannot
wash off their hands. Further the judgment which is being relied
upon by the Jharkhand Public Service Commission does not fit in
the facts of this case. Here in the instant case section 35 of the
Jharkhand Universities Act has got no application as this is not a
case of creation of the post in college. In terms of section 35 of the
Act the State has to give permission of concurrence in creation of
post. In the instant case, as per the University, the post was already
sanctioned much prior to the date of appointment of the petitioner.
Once the post was sanctioned and the petitioner was appointed
and temporary concurrence was given by Bihar Public Service
Commission, now as per section 57(A) of the Jharkhand State
Universities Act post-facto permanent concurrence should have
been granted by the University.
12. Further when an Assistant Professor has worked in an
affiliated college for 30 years and superannuated, that too, against
the vacant and sanctioned post, and who has been duly appointed
after concurrence of Bihar Public Service Commission it is not
proper to hold his post retiral benefits and due salary on the
technical ground of non-availability of permanent concurrence.
13. Considering what has been held above, I am inclined to
allow this writ petition. The impugned order is set-aside and
quashed. Jharkhand Public Service Commission is directed to
accord the concurrence and the State will ensure payment of all the
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retiral benefits and other dues to the petitioner including the arrears
to the petitioner within a period of twelve weeks from the receipt of
the copy of this order.
14. This writ petition is allowed.
(ANANDA SEN, J.)
Tanuj/CP-2
