Jharkhand High Court
Dr Devendra Kumar vs The State Of Jharkhand Human Resource ... on 23 July, 2015
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 2021 of 2013
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Dr. Devendra Kumar ... ... Petitioner
-V e r s u s-
1. State of Jharkhand
2. Principal Secretary, HRD Department, Government of Jharkhand
3. Director, Higher Education, Ranchi
4. Vice Chancellor, Vinoba Bhave University, Hazaribagh
5. Registrar, Vinoba Bhave University, Hazaribagh...Respondents
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CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner : - M/s Rajendra Prasad, Adv.
For the State : - Mr. Abdul Allam, Sr. SC-II
For the University : - Mr. Mithilesh Singh, Adv.
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03/23.07.2015Heard learned counsel for the parties.
There are three grievances of the petitioner:- (i) he should be designated as 'Associate Professor' instead of Lecturer, Selection Grade as per the UGC guidelines and the State Government notification also issued thereunder. (ii) for correct fixation of his pay, which has been wrongly done as per Annexure-1 notification of the Vinoba Bhave University, Hazaribagh in the scale of Rs. 38,530- taking into account due increment and (iii) The petitioner has not been given the benefit of yearly increment from January, 2006 on the ground that he was not holding Ph. D. Qualification.
The petitioner was appointed as a lecturer in the department of history in P. K. Roy Memorial College, Dhanbad, which now falls under the Vinoba Bhave University, Hazaribagh. He was promoted as reader in 1991 and was holding the post of In-charge Professor in Sindri College, Sindri. According to him, now he is working as Reader in Hazaribagh. He has been awarded Ph.D Degree from Magadh University, Bodh Gaya on 14.06.2008. 6 th pay scale has been implemented vide letters dated 20.11.2010 and 08.01.2011 w.e.f. 01.01.2006. The petitioner is relying upon the judgment rendered by the Single Bench of this Court in the case of V. N. Jha @ Viveka Nand Jha & Ors. Vs. State of Jharkhand & Ors. in W. P. (S) No. 3632 of 2011 dated 04.07.2013 as per which under the UGC Scheme annual increment cannot be withheld, in the background facts, when the petitioner was already promoted as reader much earlier. It is submitted that the respondents should also follow the said ratio in the petitioner's case which has not been done. The petitioner has obtained Ph.D Degree. He is also entitled to three non compoundable Ph.D increments which also remains due.
The respondent -State and the University have appeared and filed their counter affidavit.
Learned counsel for the University submits that in terms of the judgment rendered by this Court in the case of V. N. Jha (Supra), the Department of Human Resources Development has sought for necessary details of beneficiary teaching employees of the University and the financial burden that may entail on grant of such annual increments. This has been supplied to the Department of Human Resources Development by the University through letter no. 527/14 dated 30.04.2014 also annexed in their counter affidavit.
Learned counsel for the respondent -State submits that the petitioner has a legitimate claim to be designated as Associate Professor but only from the date he has obtained Ph.D. Qualification. These grievances can be considered by the Competent Authority under the respondent-State and the University in terms of UGC Regulation and the judgment rendered by this Court in the case of V. N. Jha (supra).
Taking into account these material facts on record as pleaded by the parties and the judgment on the point referred to by the learned counsel for the petitioner, it is considered proper that the aforesaid grievances of the petitioner be given due consideration by the respondent no. 3, Director, Higher Education, Ranchi in terms of the recommendation of the University as already forwarded for the purpose of grant of annual increment within a reasonable time. The respondent no. 3, Director, Higher Education, Ranchi would also consider the question relating to designation of the petitioner for the post of Associate Professor on his acquisition of Ph.D qualification as aforesaid in terms of the UGC guidelines and the consequent claim of three non compoundable increments which the petitioner claims upon such acquisition.
Therefore, the writ petition is disposed of by directing the respondent no. 3, Director, Higher Education, Ranchi to take a considered decision on the aforesaid grievances of the petitioner within a period of 12 weeks from the date of receipt of a copy of this order supported by representation of the petitioner containing all necessary facts and documents.
The writ petition is disposed of accordingly.
(Aparesh Kumar Singh, J.) Kamlesh/