ASHWINI KUMAR TRIPATHY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has inter alia prayed for quashing order dated 07.09.2010 whereby the claim of the petitioner regarding fixation of his salary in UGC scale and payment of arrears of salary has been rejected and for direction upon the respondents to fix, grant and pay the salary to the petitioner in the revised UGC scale of lecturer along with admissible allowance w.e.f. 01.01.1996 and pay the arrears of difference of salary in the revised scale and also for direction upon the respondents to pay current salary to the petitioner in the revised UGC scale along with the admissible allowances.

(2.) The facts, in brief, is that initially the petitioner was appointed as Lecturer in Jain Commerce College, Chaibasa on 06.04.1981 on temporary basis. Later on, on recommendation of the Screening Committee for regularization of the services of the teachers prior to 28.01982, the petitioner was absorbed on regular services with approval of the Chancellor vide notification dated 30.07.1991 along with other temporary lecturers. Thereafter, the Syndicate of Ranchi University in its meeting dated 04.01.1997 also confirmed the services of the petitioner w.e.f 01.03.1982 along with other teachers vide notification dated 29.05.1997. However, by another office order dated 09.08.1997, the Registrar of the Ranchi University in partial notification of aforesaid notification dated 29.05.1997, cancelled the order the confirmation of the petitioner. Aggrieved thereof and being dissatisfied with the payscale given to him, the petitioner by invoking writ jurisdiction of this Court preferred writ application being C.W.J.C. No. 2284 of 1997 (R), which was disposed of vide order dated 27.03.2006 by quashing order dated 09.08.1997, however, liberty was reserved with the University to proceed against the petitioner and petitioner was also given liberty to submit representation raising his grievances.

(3.) With the liberty aforesaid, the petitioner submitted representation dated 18.05.2006 before the respondents-University for grant of pay-scale of lecturer at par with other similarly situated lecturers, in turn, order dated 26.08.2008 was passed by the respondents-University (Vice-Chancellor) whereby it was held that: