TRILOCHAN MAHTO BE Vs. STATE OF JHARKHAND BE

JUDGEMENT

(1.) LEARNED counsel for the petitioners submitted that petitioner No.1 was appointed as a Lecturer on 31st October. 1985. petitioner No.2 was appointed as a Lecturer on 9th September. 1985 and petitioner No.3 was appointed as a Lecturer on 13th August, 1984 and all these petitioners were appointed as Lecturers in Panch Pargana Kishan College, Bundu ("P.P.K. College, Bundu" for short). Learned counsel for the petitioners further submitted that all these petitioners have worked sincerely, diligently, honestly and to the satisfaction of the respondents and never any show cause notice for any misconduct has been served upon the petitioners. They are seeking University Grant Commission's pay scale with effect from 1st January. 1996 in pursuance of 5th Pay Revision and, therefore, the present writ petition has been preferred.

(2.) IT is also submitted by the learned counsel for the petitioners that several counter -affidavits have been filed by the State. The respondent -University has already approved their appointments and regularization notification has also been issued by the respondent -University on 7th March. 2009. Thereafter, there was a revision in the pay scale, which has been approved by the University, but, for necessary sanction etc., the same has been sent to the State Government. Learned counsel for the petitioners has also pointed out the earlier round of litigation up to the Honble Supreme Court and one man committee of the retired Hon'ble Judge of the Hon'ble Supreme Court and the outcome of the said inquiry and has also pointed out that in pursuance of the one man committee's report final order was passed by the Hon'ble Supreme Court and this is how ultimately the respondent -University has published the regularization notification and. thus now the question is only to give revision in the pay scale. The University has already approved the revision in pay scale. But, the Government has not sanctioned the same and vide letter dated 20th November. 2011, which is at Annexure A to the 3rd supplementary counter -affidavit, filed by the Principal Secretary. Higher Education; Human Resources Development Department, again the matter has been remanded to the respondent -University to take a fresh decision for regularization in the list of Section 4(1)(14) of the Jharkhand State Universities Act. 2000 and also keeping in mind paragraph No.6 of the decision, rendered by the Honble Supreme Court in Civil Appeal No. 6098 of 1997, decided on 12th October, 2004, as reported in (2005) 9 SCC 129.

(3.) LEARNED counsel for the petitioners further submitted that looking to the order, passed by the Principal Secretary. Higher Education, Human Resources Development Department. Government of Jharkhand, Ranchi dated 20th November, 2011, which is at Annexure A to the 3rd supplementary counter -affidavit in fact, it would appear that the Government has accepted several contentions of the petitioners as well as Ranchi University in the light of the earlier decision, rendered by the Hon'ble Supreme Court and in the light of one man committee's report as also in the light of the ultimate paragraph of the aforesaid order and. Therefore, it was need -less for the respondent -State Government to direct the Ranchi University to take a fresh decision. Nonetheless, the petitioners .have no much objection if this decision is taken afresh by the Ranchi University within a stipulated time, in accordance with law.