MEDHAVRAT SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Hon'ble Court with a prayer for quashing of the order dtd. 1/11/2006 issued by respondent No.2 whereby and whereunder the representation of the petitioner submitted in pursuance of the order passed by the Hon'ble Court in W.P.(S)No.388 of 2005 has been rejected in a most arbitrary manner without consideration of the materials on record and whereby and whereunder the promotion of the petitioner to the post of University Professor granted vide notification No.1/9/89 w.e.f. 1/2/85 has been cancelled without even a show-cause notice and consequentially the pension has been fixed on the scale of Reader in a most discriminatory and illegal manner.

(2.) The case of the petitioner is that he was appointed as a Lecturer and later on promoted to the post of Reader, in the scale of Rs.1200.001900/- on the recommendation of Selection Committee w.e.f. 14/11/1980 vide Memo No.3/12569-659 dtd. 9/11/1981. He was confirmed to the said post of Reader w.e.f. 14/11/1980, vide Memo No.B/1623-1918 dtd. 29/12/1993 issued by the ViceChancellor of the University. As he was entitled for the time bound promotion on the basis of 16 years statute, the Vice-Chancellor of the University, in exercise of power of Syndicate, granted him provisional promotion to the post of Professor w.e.f. 1/2/1985. The petitioner later retired on 31/1/2001.

(3.) The grievance of the petitioner is that the Respondents thereafter had not considered his case of regular promotion to the post of Professor after taking into consideration the recommendation of the Commission, nor provided him the pay scale of a regular Professor, as allowed by the UGC nor his pension has been fixed after allowing such benefits. The other grievance of the petitioner is that the Provident Fund amount to which he was entitled has also not been provided and a sum of Rs.29,462.00 though deducted from his salary, was not deposited in his Account.