Anil Kumar And Ors vs State Of Jharkhand And Ors

Heard Mr. Saurav Arun, the learned counsel for the petitioners, Mr. Aditya Raman, the learned counsel appearing on behalf of the respondent-

State and Mr. Subhashis Rasik Soren, learned counsel for the University.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising

due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The petitioners have preferred this writ petition for direction upon the respondents for payment of the arrears of salary as per 5th, 6th and 7th pay

revision to the petitioner in the pay scale of Rs.12000- 420- 18300/- with effect from 01.01.1996 which has not been paid to the petitioner as the issue

is no more res integra and decided by this Court and also affirmed up to the Division Bench of this Court by which the issue regarding two pay scales

of Reader have been struck down considering only one post of Reader in view of the judgment passed by this Court in W.P.(S) No.4162 of 2013

affirmed in L.P.A. No.661 of 2019.

Mr. Saurav Arun, the learned counsel for the petitioners submits that the petitioner no. 1 was appointed as Lecturer on 03.03.1983 in Mandar

College in the in the Department of History and promoted to the post of Reader on 23.09 1995 and done his Ph.D in the year, 1993 at present is

Associate Professor in Dr. Shyama Prasad Mukherjee University, Ranchi and retired on 31.12.2020, petitioner no. 2 was appointed as Lecturer on

24.11.1981 in R.L.S. Yadav College, Ranchi in the Department of Zoology and promoted to the post of Reader on 19.02.1990 at present his is

Associate Professor in Dr. Shyama Prasad Mukherjee University, Ranchi, petitioner no. 3 was appointed as Lecturer on 12.12.1981 in J.J. College,

Jhumri Telaiya in the Department of History and promoted to the post of Reader on 12.12.1991, done her Ph.D in the year, 1991 and at present she is

Associate Professor in Dr. Shyama Prasad Mukherjee University, Ranchi, petitioner no. 4 was appointed as Lecturer on 10.12.1981 in Giridih College,

Giridih in the Department Psychology and promoted to the post of Reader on 10.12.1991, done his Ph. D. in the year 2004 and at present he is

Associate Professor in Dr. Shyama Prasad Mukherjee University, Ranchi and will retire on 30.11.2021, petitioner no. 5 was appointed as Lecturer on

21.08.1984 in Punch Pargana Kisan College, Bundu in the department of History and promoted to the post of Reader on 23.09.1995, done her Ph.D in

the year, 1989 and at present she is Associate Professor in Dr. Shyama Prasad Mukherjee University, Ranchi and will retire on 31.03.2023, petitioner

no. 6 was appointed on 11.12.1981 as Lecturer in Tata College, Chaibasa in the Department of Political Science and promoted on the post of Reader

on 23.09.1995 and she has retired on 31.12.2019 as Associate Professor from Dr. Shyama Prasad Mukherjee University, Ranchi and petitioner no. 7

was appointed on 23.11.1981 as Lecturer in Workers College, Jamshedpur in the Department of Geography and promoted to the post of Reader on

23.11.1991 and done her Ph.D in 1980 and at present she is Associate Professor in Dr. Shyama Prasad Mukherjee University, Ranchi. It is averred in

the writ petition that under the career advancement scheme of the UGC which shows that minimum length of service for eligibility to move in the

grade of Lecturers, senior scale would be 4 years for those with Ph.D, 5 years with those M.Phil and 6 years for those at the level of Lecturers and

for eligibility to move into the grade or Reader/Lecturers -Selection Grade, the minimum length of service of Lecturer in senior selection grade shall be

uniformly 5 years. It will be evident from the order dated 06.09.2019 after the order passed in LPA No.22/2018, the State Government came out with

a notification directing all the Universities to state that total number of Readers of the entire State in various Universities who were granted promotion

under 'Time bound promotion scheme/ Merit promotion scheme', meaning thereby after the order passed by the Division Bench, the respondent/State

is taking stand for paying the arrears to all the Readers in one pay scale i.e. Rs.12,000-420-18,300/- in 5th, 6th and 7th pay revision committee. It is

mentioned that the petitioners were otherwise eligible for being placed at the Lecturer Selection Grade in the scale of Rs.12,000-420-18,300/- at the

time of promotion to the post of Reader under the scheme, but they have been placed in the Scale of Rs.10,000-15,200/-. He further submits that the

issue is no more res integra in view of the judgment rendered by this Court in ""Prashant Kumar Mishra and Others v. State of Jharkhand and Others,

in W.P.(S) No.4162 of 2013 and ""Geeta v. State of Jharkhand and Othrs"" in W.P.(S) No.3690 of 2018. He submits that the matter may kindly be

disposed of with a direction to the respondent State to consider the case of the petitioners in the light of the judgment rendered by this Court in cases

of ""Prashant Kumar Mishra & Others v. State of Jharkhand and Others"" and ""Geeta v. State of Jharkhand and Others"".

The State counsel submits that the Government came out with a notification directing all the Universities to state that the total number of Readers in

the entire State in various Universities who were granted promotion under time bound promotion scheme meaning thereby after the order passed by

the Division Bench in the aforesaid LPAs.

Learned counsel for the petitioners further submits that the respondents are bound to act in terms of letter dated 11.09.2020 by which the arrears of

pay scales of Reader in 5th, 6th and 7th pay revision has been given to the writ petitioners of W.P(S) No. 4162/2013, L.P.A. No. 22/2018 and L.P.A.

No. 661/2019 and cannot adopt discriminatory attitude in respect of the present petitioners by way of pick and choose method.

Mr. Subhashis Rasik Soren, the learned counsel for the University submits that it is in the domain of the State to consider the case of the petitioners.

He further submits that if any rectification will be done by the State Government, the University shall comply the same.

The learned counsel for the respondent State submits that the identical matters in the case of ""Prashant Kumar Mishra"" and ""Geeta"" (supra) the

matter has been set at rest which was affirmed in L.P.A. No.22 of 2018 and L.P.A. No. 661/2019. It is stated that on the basis of the above

mentioned judgments, the Court may dispose the instant case accordingly.

In view of the above admitted position, the respondent State is directed to consider the case of the petitioners in the light of the judgment rendered

by this Court in ""Prashant Kumar Mishra"" and ""Geeta"" (supra) and also L.P.A. No.22 of 2018 and L.P.A. No. 661 of 2019 and pass appropriate

reasoned order within a period of 8 weeks from the date of receipt /production of a copy of this order.

It goes without saying that if the decision is taken in favour of the petitioners the same shall be communicated to the University within a period of

four weeks so that the benefit of the same may be accrued to the petitioners at the earliest.

With the above observations and direction, the instant writ petition stands disposed of.

I.A., if any, also stands disposed of.