PRASHANT KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for grant of following reliefs:-

(2.) The petitioners are working on the post of Reader with due concurrence and recommendation of the Bihar State University (Constituent College Commission). It is stated that all the petitioners of the instant writ petition were working on the post of Reader in different P.G. Department under the Vinoba Bhave University except petitioner nos.8 and 9. Petitioner no.1 was appointed on 18.11.1981 as Lecturer in R.S. More College, Govindpur in the Department of Botany, Petitioner no.2 was appointed as Lecturer in the Department of Sanskrit in Simdega College, Simdega on 20.01.1979, petitioner no.3 appointed as Lecturer on 18.01.1981 in B.S.K. College, Maithan in the Department of Sanskrit, Petitioner no.4 appointed as Lecturer on 18.11.1981 in Birsa College, Khunti in the Department of Anthropology (Zoology), Petitioner no.5 appointed as Lecturer on 29.11.1981 in J.J. College, Jhumri Telaiya in the Department of Philosophy, Petitioner no.6 was appointed as Lecturer on 07.01.1982 in St. Columbus College, Hazaribag in the Department of Economics, Petitioner no.7 appointed as Lecturer on 29.11.1981 in Chatra College, Chatra in the Department of Political Science, Petitioner no.8 appointed as Lecturer on 18.11.1981 in R.S. More College, Govindpur in the Department of Anthropology (Zoology), Petitioner no.9 was appointed as Lecturer on 07.01.1982 in R.S. More College, in the Department of Mathematics, Petitioner no.10 was appointed as Lecturer on 28.02.1982 in P.K. Roy Memorial College, Dhanbad in the Department of Geology and working to the satisfaction of respondent authority. All the petitioners were given promotion to the post of Reader vide different Notifications in accordance with law under the provisions of Statute of Time Bound Promotion. All the petitioners have also done PhD. It is stated that the respondents have arbitrarily under the garb of this scheme deprived the petitioners with the scales, they were otherwise entitled to get the pay scale of Rs.12,000-420-18,300/- Petitioners under the career advancement scheme of the U.G.C. which shows that minimum length of service for eligibility to move into the grade of lecturers, senior scale would be 4 years for those with Ph.D., 5 years with those M. Phil and 6 years for those at the level of Lecturers and for eligibility to move into the grade of Reader/Lecturer- Selection Grade, the minimum length of service of the Lecturer in senior selection grade shall be uniformly 5 years. Fitting into the formula in the case of the petitioners, it becomes clear that the petitioners were otherwise eligible for being placed at the lecturer selection grade in the scale of 12,000-420-18,300/- at the time of promotion to the post of Reader under the scheme, but they have been placed in the scale of 10,000-15,200/- arbitrarily and depriving their right to get higher scale. Hence, this writ petition.

(3.) Learned Counsel for the petitioner Mr. Saurabh Arun streneously urges that respondents have illegally and arbitrarily in contravention of the notification of the U.G.C. have fixed two pay scales for the post of Reader in a discriminatory manner. Learned Counsel submits that the respondent-State cannot draw imaginary distinction when persons like petitioners have also got promotion in the cadre of Reader, be it through time bound promotion scheme itself. It is contended that the State Government has drawn artificial division not supported by Doctrine of Classification in the pay scale of Reader drawn from different sources like time bound promotion scheme or through U.G.C.'s scheme.