Jharkhand High Court
Shekhar Bihari Lal vs The State Of Jharkhand on 10 March, 2021
Equivalent citations: AIRONLINE 2021 JHA 411
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
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IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(S) No. 522 of 2021
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Shekhar Bihari Lal, aged about 65 years, son of late Banke Bihari Lal, resident of Rajiv Path, Near Moon City, Dimna Road, Mango, PO-Mango, PS-Oolian, District-East Singhbhum ..... Petitioner
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1.The State of Jharkhand
2. Principal Secretary to His Excellency the Governor, State of Jharkhand at Raj Bhawan, PO-GPO, PS-Gonda, Dist. Ranchi/Jharkhand
3.Principal Secretary, Department of Higher and Technical Education, Govt. of Jharkhand at Nepal House, PO Doranda and PS Doranda, District Ranchi/Jharkhand
4.The Vice Chancellor, Kolhan University at Chaibasa, PO Chaibasa, PS Chaibasa, Dist. West Singhbhum/Jharkhand
5.The Registrar, Kolhan University at Chaibasa, PO Chaibasa, PS Chaibasa, Dist. West Singhbhum/Jharkhand ...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Saurav Arun, Advocate For Resp.-State :- Mr. Binit Chandra, Advocate For Resp.University:- Mr. Akashdeep, Advocate
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3/10.03.2021 Heard Mr. Saurav Arun, the learned counsel for the petitioner, Mr. Binit Chandra, the learned counsel for the respondent State and Mr. Akashdeep, the learned counsel for the respondent University.
2. 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.
3. The petitioner has preferred this writ petition for direction upon the respondents for payment of the arrears of salary as per 5th, 6th 2 and 7th pay revision to the petitioner in the pay scale of Rs.12000-420- 18300/- with effect from 01.01.1996 till 30.05.2005 which has not been paid to the petitioner as the issue is no more res integra and decided by this Court and also affirmed up to the Division Bench of this Court by which the issue regarding two pay scales of Reader have been struck down considering only one post of Reader in view of the judgment passed by this Court in W.P.(S) No.4162 of 2013 affirmed in L.P.A. No.661 of 2019.
4. Mr. Saurav Arun, the learned counsel for the petitioner submits that the petitioner was appointed as a Lecturer as on 11.07.1979 in subject of Zoology in K.S. College, Seraikella and confirmed on 18.11.1981. He was promoted to the post of Reader on 07.02.1998 w.e.f. 1991. He has done his PhD in the year 1995. Before the retirement of the petitioner he was posted and working in the Kolhan University as HOD, Department of Zoology and the petitioner has retired on 31.12.2020. It is averred in the writ petition that under the career advancement scheme of the UGC which shows that minimum length of service for eligibility to move in the grade of Lecturers, senior scale would be 4 years for those with Ph.D, 5 years with those M.Phil and 6 years for those at the level of Lecturers and for eligibility to move into the grade or Reader/Lecturers- Selection Grade, the minimum length of service of Lecturer in senior selection grade shall be uniformly 5 years. It is evident from the order dated 06.09.2019 after the order passed in LPA No.22/2018, the State Government came out with a notification directing all the Universities to state that total number of Readers of the entire State in various Universities who were granted promotion under 'Time bound promotion scheme/ Merit promotion scheme', meaning thereby after the order passed by the Division Bench, the respondent/State is taking stand for 3 paying the arrears to all the Readers in one pay scale i.e. Rs.12,000-420- 18,300/- in 5th, 6th and 7th pay revision committee. It is mentioned that the petitioner was otherwise eligible for being placed at the Lecturer Selection Grade in the scale of Rs.12,000-420-18,300/- at the time of promotion to the post of Reader under the scheme, but he has been placed in the Scale of Rs.10,000-15,200/-. He further submits that the issue is no more res integra in view of the judgment rendered by this Court in "Prashant Kumar Mishra and Others v. State of Jharkhand and Others, in W.P.(S) No.4162 of 2013 and "Geeta v. State of Jharkhand and Othrs" in W.P.(S) No.3690 of 2018. He submits that the matter may kindly be disposed of with a direction to the respondent State to consider the case of the petitioner in the light of the judgment rendered by this Court in cases of "Prashant Kumar Mishra & Others v. State of Jharkhand and Others" and "Geeta v. State of Jharkhand and Others".
5. The State counsel submits that the Government came out with a notification directing all the Universities to state that the total number of Readers in the entire State in various Universities who were granted promotion under time bound promotion scheme meaning thereby after the order passed by the Division Bench in the aforesaid LPAs.
6. Learned counsel for the petitioner further submits that the respondents are bound to act in terms of letter dated 11.09.2020 by which the arrears of pay scales of Reader in 5th, 6th and 7th pay revision has been given to the writ petitioners of W.P(S) No. 4162/2013, L.P.A. No. 22/2018 and L.P.A. No. 661/2019 and cannot adopt discriminatory attitude in respect of the present petitioner by way of pick and choose method.
7. Mr. Akashdeep, the learned counsel appearing on behalf of the respondent-University, submits that it is in the domain of the State to 4 consider the case of the petitioner. He further submits that if any rectification will be done by the State Government, the University shall comply the same.
8. The learned counsel for the respondent State submits that the identical matters in the case of "Prashant Kumar Mishra" and "Geeta" (supra) the matter has been set at rest which was affirmed in L.P.A. No.22 of 2018 and L.P.A. No. 661/2019. It is stated that on the basis of the above mentioned judgments, the Court may dispose of the instant case accordingly.
9. In view of the above admitted position, the respondent State is directed to consider the case of the petitioner in the light of the judgment rendered by this Court in "Prashant Kumar Mishra" and "Geeta" (supra) and also L.P.A. No.22 of 2018 and L.P.A. No. 661 of 2019 and pass appropriate reasoned order within a period of 8 weeks from the date of receipt/production of a copy of this order.
10. It goes without saying that if the decision is taken in favour of the petitioner the same shall be communicated to the University within a period of four weeks so that the benefit of the same may be accrued to the petitioner at the earliest.
11. With the above observations and direction, the instant writ petition stands disposed of.
12. I.A., if any, also stands disposed of.
( Sanjay Kumar Dwivedi, J) SI/