Jharkhand High Court
S.P.Singh & Ors vs State Of Jharkhand & Ors on 21 September, 2012
Author: D. N. Patel
Bench: D. N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 317 of 2012
S.P. Singh & others ...... Petitioners
Versus
The State of Jharkhand & others ...... Opposite Parties
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioners : M/s Atanu Banerjee, N.P. Thakur, Advocates
For the State : J.C. to Sr. S.C.I.
For O.P. Nos. 3&4 : Mr. Mithilesh Singh, Advocate
st
03/Dated: 21 September, 2012
1.The present contempt petition has been preferred in gross and deliberate violation of order passed by this Court dated 27 th January, 2010 in W.P.(S) No. 4752 of 2008.
2. Counsel for the petitioners has drawn attention of this Court in detail upon the aforesaid order and direction given in paragraph11 and 12, which read as under: "11. Thus, there is a gross violation of the right of equality, vested in the petitioners under Article 14 of the Constitution of India as well as the right, vested in the petitioners under Article 16 of the Constitution of India and, therefore, I hereby quash and set aside Clause 4 of the notification, issued by the respondents dated 28th September, 2007 at Annexure 5 to the memo of petition and I hereby direct that the redesignated Demonstrators, who are having requisite qualifications or those, who are possessing statutory qualification and eligibility for the teaching posts, which is known as Lecturer, as per Jharkhand State Universities Act, 2000, shall be considered for the posts of Lecturers.
12. It is made clearer by the learned counsel for the petitioners that their highest claim in this writ petition is that if they are duly qualified and eligible for appointment to the post of Lecturers, they must be considered and Clause 4 of the impugned order/notification dated 28th September, 2007, which is at Annexure 5 to the memo of petition, may be quashed and set aside. This contention has been accepted by this Court. Clause 4 of the impugned order/notification dated 28th September, 2007, which is at Annexure 5 to the memo of petition, is hereby quashed and set aside, in view of the facts, reasons and judicial pronouncements, and if the petitioners/redesignated Demonstrators are, otherwise eligible and qualified for appointment to the posts of Lecturers, I hereby direct the respondents to consider the claim of these petitioners for appointment to the posts of Lecturers, subject to availability of the posts of Lecturers, as early as possible and practicable, preferably within a period of 16 weeks from the date of receipt of a copy of the order, passed by this Court."
3. It is submitted by the counsel for the petitioners that this order has not been challenged in Letters Patent Appeal by the opposite parties. Thus, this order has attained its finality. The opposite parties are deliberately not obeying the order passed by this Court and therefore, they have committed contempt of this Court.
4. Counsel for opposite partyUniversity submitted that they have 2. accepted the claims of the present petitioners and those who are eligible for the post of Lecturers their files have been sent to the Jharkhand Public Service Commission as required under Section 57A of the Jharkhand Universities Act, 2000 for promotion on the post of Lecturers from the post of redesignated Demonstrators.
5. Counsel for opposite party nos. 4 and 5 submitted that there is a delay on the part of the opposite parties in sending the cases of the eligible petitioners for the promotion on the post of Lecturers to the Jharkhand Public Service Commission. Nonetheless, no sooner did the Jharkhand Public Service Commission recommends the names of eligible candidates, immediately they will be given promotion to the post of Lecturers.
6. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that the opposite parties have started in complying with the order passed by this Court dated 27 th January, 2010 in W.P.(S) No. 4752 of 2008.
7. It appears that to this Court, the opposite party nos. 4 and 5 is like a monolith. They are working with almost 'Nil' speed. It ought to be kept in mind by the authorities, who are "State" within the meaning of Article 12 that they should comply with the Court's orders immediately if they are not choosing to prefer an appeal. "State" is an ideal employer. It appears that the opposite partyBinova Bhave University has absolutely showed lethargic approach in this matter. This contempt application has been preferred on 26th March, 2012 and a copy thereof has also been given in advance to the counsel appearing for opposite party nos. 4 and 5. Despite this they have not geared up the speed and just on 12 th September, 2012 they sent file to the Jharkhand Public Service Commission and they do not know when the petitioners are going to get the promotion on the post of Lecturers.
8. I therefore, direct the opposite party no. 2 (the Principal Secretary, Ministry of Human Resources Development Department, Government of Jharkhand, Ranchi) not to pay salary to opposite party no. 5 (i.e. Registrar, Vinoba Bhave University, Hazaribagh) till the next date of hearing before this Court.
9. Both these officers should have make speed so that legitimate claim of the petitioners may be given to the petitioners as directed by this Court vide order dated 27th January, 2010 in W.P.(S) No. 4752 of 2008. Lethargic approach of opposite party nos. 4 and 5 cannot be tolerated at the cost of 3. the petitioners. They have waited enough from 27 th January, 2010. Normally, low ranking employees are taking shelter of this Court as a last resort. They are always pursuing the matter with the concerned officers and as the concerned officers, who are opposite party nos. 4 and 5, have turned deafer too, the request of the petitioners, thus much time has been consumed by opposite party nos. 4 and 5. It appears that for this Court they are not successful officers at all. Those who are adorning the high posts they are wedded with high powers coupled with high duties. They ought to have used those powers more in the form of duty towards those who are entitled to enjoy the rights.
10. Registry is directed to send a copy of this order to His Excellency, the Governor, State of Jharkhand, the Chancellor of Vinoba Bhave University as well as to the Vice Chancellor, Vinoba Bhave University, Hazaribagh.
11. Post this matter on 5th October, 2012.
(D.N. Patel, J) VK