RAMCHANDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for quashing Annexures-9 & 10, whereby the salary of petitioner has been reduced to Junior Scale of Reader. It is stated that on 7.5.1977, the Governing Body of Sindri College, Sindri issued an advertisement (Annexure-1) inviting applications from eligible candidates for appointment on the post of Lecturer in Political Science. Petitioner, in pursuance of aforesaid appointment, applied for consideration of his case on the post of Lecturer. Annexure-2 reveals that two posts of Lecturer have been sanctioned in Sindri College, Sindri in the subject of Political Science. It further appears that petitioner appointed on the post of Lecturer in Political Science by the Governing Body on 16.9.1977 and he joined on 22.9.1977. It then appears that the appointment of petitioner in the aforesaid College has been concurred by the Bihar University Services Commission, Patna on 11.8.1980. Thereafter, petitioner's services regularized by Annexure-5 as per the provisions of Statute of University dated 18.11.1980. It is further stated that petitioner was promoted on the post of Reader under 10 years Time Bound Promotion Scheme w.e.f. 22.9.1987. Petitioner's promotion on the post of Reader has been confirmed w.e.f. 22.9.1987 vide notification of University dated 26.1.1996. It is worth mentioning that while promoting the petitioner on the post of Reader by Annexure-6, he has been put in the pay scale of Rs. 3,700-5,700/- because he has been promoted w.e.f. 22.9.1987 i.e., prior to 1.3.1989. It is stated that the aforesaid pay scale is admissible to Senior Reader of University. It further appears that the petitioner again promoted to the post of Professor of University by notification dated 27.11.2002 w.e.f. 15.11.1994 under 16/25 years Scheme.

(2.) It is submitted that though petitioner has been promoted by Annexure-8 to the post of Professor of the University, he has not been given the pay scale of Professor. It is stated that the Government of Jharkhand has taken a policy decision to implement pay scale fixed by the University Grants Commission (UGC) w.e.f. 13.11.2001. Accordingly, the Government provisionally fixed pay scale of different University Teachers including that of petitioner by Annexure-9. It further appears that the said provisional pay fixed by the Government has been implemented by the University vide Annexure-10. From perusal of the chart attached to Annexure-10, it appears that the petitioner's pay has been fixed in the scale of Rs. 10,000-15,200/- taking into account that he has been appointed as Lecturer on 1.1.1981 and as Reader on 1.1.1991.

(3.) It is submitted that admittedly prior to issuance of Annexures-9 & 10, petitioner was drawing the salary of Senior Reader i.e. in the scale of Rs. 3,700-5,700/-. Accordingly, it is submitted that without modifying the order, as contained in Annexures-6 & 7, it is not open for the State Government and/or University to reduce the pay scale of petitioner and that too, without giving him any opportunity of hearing. It is submitted that the State Government as well as the University wrongly fixed the pay of the petitioner treating that he has been appointed on 1.1.1981 as Lecturer. It is submitted that there is no basis for coming to such conclusion. Therefore, the aforesaid action of the State Government as well as the University is arbitrary and without any application of mind. Therefore, violative of Articles 14 & 16 of the Constitution of India.