Secretary, Non-teaching Employees Union vs The State of Jharkhand

Shree Chandrashekhar, J.—A copy of letter dated 02.03.2016 written to the Director, Higher and Technical Education (Directorate of Higher Education), Government of Jharkhand, Ranchi is tendered in the Court. Taken on record.

Heard.

Prayer in the writ petition is for permanent absorption of the non-teaching employees (Class III and IV) working in Sidho Kanhu Murmu University, Dumka.

Raising serious objection to the maintainability of the writ petition the learned counsel for the respondent-university submits that the writ petition in its representative capacity is not maintainable. It is not pleaded whether the petitioner no. 1 namely, non-teaching employees union of Sidho Kanho University is a registered union or not. In the context of the plea taken by the learned counsel for petitioner no. 2 that he has filed the writ petition in his individual capacity, the learned counsel for the respondent-university submitted that it is, in fact, in the representative capacity inasmuch as, the petitioner no. 2 has also not disclosed his details. The learned counsel for the respondent-university refers to an order passed in "Jharkhand Ayurvedic and Unani Medical Officer''s Union v. State of Jhakrhand and Others" [W.P. (S) No. 1825 of 2010] to fortify his submission that the instant writ petition is not maintainable at the instance of the petitioner-union.

The petitioner no. 1 claims that its members were appointed in respective colleges under Sidho Kanho Murmu University, however, subsequently they were posted in the university office. In the pay-fixation order as well as other communications they have been shown employees of the colleges where they were initially appointed still, the respondent-university has not regularised them in university service. The learned counsel submits that Class-III and Class-IV employees who were posted on deputation in the university decades ago, if transferred to their respective colleges would suffer serious human problems on account of dislocation of their families.

On a pointed query how the absorption of the members of petitioner-union would benefit financially if they are permanently absorbed in the university offices, the learned counsel for the petitioners admits that the salary and pay-scale of the members of petitioner-union would remain same even on their absorption in the university. From the pleadings in the writ petition, it appears that the writ petition is founded on a plea of sympathy and on a decision of the Syndicate of the university, where under a decision was taken to adjust them in university service. Admittedly, no decision was taken on the proposal in the meeting dated 24.06.2006 of the Syndicate. An advertisement was issued for regular appointment of Class-III and Class-IV employees, however in view of letter dated 31.01.2007 from Department of Human Resources (Higher Education) that was not acted upon. The learned counsel for the respondent-university states that there are 46 posts in Class-III vacant in the university for which a requisition has been sent on 02.03.2016. The learned counsel for the petitioners has stated that there are 53 Class-III posts and 30 Class-IV posts in the Sidho Kanhu Murmu University. Leaving aside the objection to the maintainability of the writ petition at the instance of the petitioners, I am of the opinion that the members of the petitioner-union have no legal right to continue on the posts in university headquarter for the simple reason that they were appointed in colleges under the university. On account of continued posting of the members of the non-teaching employees union, the colleges have suffered for decades due to absence of these employees in their respective colleges. In the aforesaid facts, I am of the opinion that no positive direction can be issued for permanent absorption of those employees in Sidho Kanhu Murmu University offices. However, at the same time, it needs to be indicated that if any employee is on the verge of retirement, the respondent-university may consider his continued posting in the university headquarter. At the same time, in the light of the large number of vacancies in the university on Class-III and Class-IV posts, the Director, Department of Higher and Technical Education is directed to issue necessary instructions for filling up the vacant posts expeditiously, preferably within a period of six months.

Mr. M.S. Anwar, the learned Senior counsel for Jharkhand State Staff Selection Commission undertakes to intimate the decision of the Court to the Chairman of the Commission.

The writ petition is dismissed, however, with the aforesaid directions.