Dr. Anil Kumar Barnwal vs State of Jharkhand And Ors

Heard Mr. Prem Pujari Roy, the learned counsel for the petitioner, Mr. Ashish Kumar, the learned counsel for the respondent State, Mr. Pravin

Pandey, the learned counsel for the respondent JPSC and Mr. Mithilesh Singh, the learned counsel for the respondent 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 petitioner has preferred this writ petition for direction upon the respondents to grant him promotion from the post of Lecturer (Assistant

Professor) to the post of Lecturer (Senior Scale) and further to the post of Reader (Associate Professor)/Selection Grade, under the Statute Career

Advancement Scheme-I.

The petitioner was appointed as a Lecturer in the Department of Physics in Adarsh College, Rajdhanwar vide letter dated 07.10.1985 and he joined

on the said post on 08.10.1985 and since then he was working as a Lecturer in the said college continuously without any break in service. Pursuant to

the direction issued by the Director, Higher Education vide letter dated 03.12.2008, the Vice Chancellor while exercising his power under Section 4(1)

(14) of the Jharkhand State Universities Act, 2000 has absorbed the services of the petitioner vide letter dated 27.09.2011 against the post sanctioned

by the Government of Jharkhand. The services were earlier absorbed against the recommended post identified under Annexure-II of the report of the

Justice S.C. Agrawal Commission in light of the order passed by the Hon'ble Supreme Court.

Mr. Prem Pujari Roy, learned counsel for the petitioner submits that the respondent-University has already recommended the name of the petitioner

for promotion vide letter dated 29.06.2020, contained in Annexure-2 of this writ petition and now the respondent-JPSC is required to consider the case

of the petitioner and pass appropriate order.

Mr. Mithilesh Singh, learned counsel for the respondent-University accepts this position that the recommendation is already there.

Mr. Pravin Pandey, learned counsel for the respondent-JPSC submits that the recommendation is already there. However, the respondent-

University may forward it again to the JPSC for the needful.

In view of the above facts and considering the submission of the learned counsel for the parties, the respondent-University is directed to again

forward the letter dated 29.06.2020, contained in Annexure-2 of the writ petition to the respondent-JPSC within a period of three weeks. After

receiving such recommendation, the respondent-JPSC will consider the case of the petitioner and take a decision in accordance with rules, regulations

and guidelines within a period of twelve weeks.

With the above observations and directions, this writ petition stands disposed of.