Kiran Shukla vs State of Jharkhand And Ors

Heard Mr. Kumar Harsh, learned counsel for the petitioner, Mr. Ashish Shekhar, learned counsel for the respondent-State and Mr. Shivam Singh, learned counsel for respondent nos. 3 and 4.

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 on merit.

The petitioner has preferred this writ petition for direction to the respondents to shift back the substantive date of appointment from 01.01.1981 to 16.11.1978 of the petitioner. The prayer is also made to correct and revise 4th, 5th and 6th Pay Scale notification of the petitioner. The prayer for consequential benefits is also made.

The petitioner joined as a Lecturer in Botany Department of Graduate College for women on 16.11.1978 for which appointment letter was issued to the petitioner on 16.10.1978. The petitioner was appointed by the Governing body of an affiliated College of respondent no.5 namely G.S. College, which was later made as a constituent College. The said appointment was made pursuant to advertisement. The petitioner's service was regularized by the notification dated 14.08.1982 under the signature of the Registrar, Ranchi University and by the order of the Vice Chancellor of the Ranchi University. The name of the petitioner was recommended for regular service of the University in accordance with the statutes framed specifically for the purpose on the recommendation of the Bihar Public Service Commission. The service of the petitioner was approved vide notification dated 27.04.1984. The service of the petitioner was confirmed vide notification dated 30.08.1997. The date of appointment of the petitioner was provided as 16.11.1978 and the date of confirmation was 01.01.1981.

Mr. Kumar Harsh, learned counsel for the petitioner submits that the date of confirmation has been taken to be substantial date of appointment for calculating the service of the petitioner and the previous held service from 16.11.1978 to 01.01.1981 has never been calculated for the purposes of promotion, pay fixation, pension and other incidental thereto. He further submits that the petitioner is also entitled for correction and revision of 4 th, 5th and 6th Pay Scale notification, which was not provided to the petitioner. He also submits that one Dr. Anant Kumar Akhouri has already been provided the same, who is similarly situated and the petitioner has been left out. He further submits that the case of Dr. Anant Kumar Akhouri was considered in view of the judgment of this Court in L.P.A. No. 583 of 2009, which was affirmed by the Hon'ble Supreme Court in S.L.P. (C) No. 11707 of 2012. He also submits that the petitioner has already filed representation before the University, but no decision has been taken as yet.

Learned counsel for the respondent-State as well as respondent nos. 3 and 4 jointly submit that the writ petition can be disposed of by giving direction to the respondent-University to consider the case of the petitioner.

In view of the above facts and considering the submission of the learned counsel for the parties, the writ petition is being disposed of with direction to the petitioner to file a fresh representation before respondent no.3 annexing all the credentials including the judgments passed in L.P.A. No. 583 of 2009 and S.L.P. (C) No.11707 of 2012 within a period of two weeks. If such representation is filed within the aforesaid period, respondent no.3 shall consider the case of the petitioner in accordance with rules, regulations and guidelines and consider the judgments passed in L.P.A. No. 583 of 2009 and S.L.P. (C) No.11707 of 2012 and pass appropriate reasoned order within a period of eight weeks thereafter.

If the decision is taken in favour of the petitioner, the respondent- University shall extend the said decision to the respondent-State of Jharkhand for the needful.

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