ABHAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the documents on record.

(2.) ON the recommendation of the Bihar State University Service Commission, Patna, the petitioner was appointed as a lecturer in the year, 1972. The petitioner was promoted to the post of Reader and he acquired Ph.D. degree in the year, 2006. The petitioner superannuated from service w.e.f. 31.05.2008. Though, the petitioner acquired Ph.D. degree in the year, 2006, he was not granted the benefit of 3 noncompoundable increment allegedly in view of Clause 7 (iv) of letter dated 31.12.2008 of the Ministry of Human Resources Development and thus, the petitioner received lesser amount on account of gratuity and leave encashment etc. and his pension was wrongly fixed. In several other cases similarly situated persons have been granted similar benefits and the plea taken by the State Government/University for not granting benefit of increment, has been rejected by this Court, however, in the present proceeding, the respondents have again taken a similar stand, which is liable to be rejected.

(3.) A rejoinder affidavit to the counter affidavit filed on behalf of the respondent no. 1, has been filed by the petitioner contending that, the stand taken by the respondent no. 1 in the present proceeding, is contrary to the orders passed by this Court in "Rajeshwar Pd. Verma & Others Vs. Vinoba Bhave University & Others" reported in 2009 (3) JLJR 221, and other cases against which Letters Patent Appeals were preferred which also stand dismissed. It has been further stated that in view of provision under Clause 22 of the Statute which provides for grant of increment, any condition imposed by the State Government denying the benefit of increments, would be contrary to such statutory provision and this cannot be given effect to.