JAYANTI DUTTA Vs. STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner in the present writ application approached this Court for directing the respondents to forthwith grant approval of the pay scale of her in University Grant Commission revised pay scale in the grade of Lecturer being pay scale of Rs. 800013500/, pursuant to the 5th Pay Revision Committee's Report w.e.f. 1.1.1996. The petitioner also sought a direction upon the respondents to consequently approve and pay the salary to her in the 6th Revised U.G.C. Pay Scale with effect from the date when persons similarly situated to that of the petitioner has been given the benefit of 6th Revised U.G.C. Pay Scale. The petitioner also sought a direction upon the respondents to pay arrears of salary to her according to revised pay scale along with interest @ 18% per annum and not to arbitrarily discriminate her from other similarly situated persons, whose services were absorbed in the same college in which she is working.

(3.) Learned counsel for the petitioner submits that the present petitioner was appointed as Lecturer in the Department of Philosophy on 4th Sept., 1985 in P.P.K. College and submitted her joining on 9th Sept., 1985. The said college was converted into a constituent college of Ranchi University in the year 1986. It is submitted that a committee was constituted, consisting of Vice Chancellors of different universities to consider the matter relating to regularisation of employees working in one or the other respective colleges which were taken over as a constituent college. Pursuant to the recommendation of the Screening Committee, the letters dated 1.2.1988; 18.12.1989 and 24.2.1990 were issued which are contained at Annexure-2. It is submitted that the name of the petitioner transpired in the aforesaid letters and the matter after verification was resolved by the subsequent order contained at Annexure-2 itself dated 24th February, 1990 by which the petitioner was treated to be absorbed in the college in question by a decision of the Human Resources Development Department, Government of erstwhile Bihar in the subject of Philosophy. Learned counsel for the petitioner submits that the issue relating to absorption of various teaching and non-teaching employees however travelled upto Honourable Supreme Court in the batch of writ petition, which was decided by the judgment reported in (2005) 9 S.C.C 129 : AIR 2005 SC 1605 in the case of State of Bihar & others Vs. Bihar Rajya M.S.E.S.K.K. Mahasangh .