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Judgment
The matter has been taken up through video conferencing.
Perused the order dated 04.12.2020, whereby and whereunder submission has been made by Dr. Ashok Kumar Singh, learned counsel for the Opp. Parties-Vinoba Bhave University in presence of Mr. Mukul Narayan Deo, Vice Chancellor, Vinoba Bhave University and Mr. B.P. Rukhai, Registrar Vinoba Bhave University that within three months from the date of passing of order dated 04.12.2020, the arrears of salary admissible as on date shall be paid in favour of the petitioner.
Learned counsel for the petitioner has submitted that as yet that part of the order has not been complied with.
Upon such submission, Mr. Akashdeep, learned counsel for the Opp. Parties-University, on instruction, has submitted that it has telephonically been informed that the arrears of salary has been sent by the University to the college concerned to be paid to the petitioner, as such this part of the order is complied with, however, he has sought for time to file compliance report to that effect, by way of filing supplementary show cause.
Time, as prayed for, is allowed.
However, it is made clear that if by the next date of hearing the compliance report is not filed, so far payment of arrears of salary is concerned, this Court will proceed for framing of charge against Mr. Mukul Narayan Deo, Vice Chancellor, Vinoba Bhave University and Mr. B.P. Rukhai, Registrar, Vinoba Bhave University for deliberate and willful non-compliance of order dated 15.12.2018 passed by the writ Court in W.P (S) No. 4785 of 2015 as also order dated 4.12.2020 passed in this contempt petition.
So far second part of order for promotion to the post of Reader is concerned, since necessary decision has already been taken for shifting of date from 31.10.1986 to 28.02.1982 and the same has been sent before the Jharkhand Public Service Commission for its concurrence and now the matter is pending before the Jharkhand Public Service Commission, therefore, as on date there is no rider for grant of promotion to the post of Reader. But even then no decision has been taken on the garb of pendency of the decision or its concurrence by the JPSC.
This Court, after going through the order passed by the writ Court, has found that the direction was passed upon the Secretary, Department of Human Resources, Govt. of Jharkhand, but as has been submitted that the matter is pending before the Jharkhand Public Service Commission for its concurrence, therefore, one indulgence is granted to Opp. Party No. 2 to comply the order pertaining to promotion to the post of reader.
In view thereof, Opp. Party No. 2 is directed to file supplementary show cause along with compliance report about the claim of the writ petitioner for promotion to the post of Reader since the only rider in the consideration was necessary decision for shifting the date, which has already been taken as would appear from order 04.12.2020.
Post this case on 25.03.2021.
In the meanwhile, supplementary affidavits along with compliance reports must be filed.
