MD. MAHFOOZ ALAM ANSARI Vs. CHANCELLOR

JUDGEMENT

(1.) Heard Ms. Khalida Haya Rashmi, learned counsel for the petitioners, Ms. Kanchan Kumari, learned A.C. to A.A.G. appearing for the Respondent-State as well as Atul Roy, learned J.C. to Mr. Anoop Kumar Mehta.

(2.) In the accompanied writ application, the petitioners have sought for direction commanding upon the respondents to grant approval of 5th pay revision with effect from 01.01.1996 and 6th pay revision with effect from 01.01.2006 and to approve revised pay scale as per scale of University Grants Commission and to remove pay anomaly existing in the pay scale of the petitioners and further for a direction commanding upon the respondents to pay arrears of difference of pay on account of 05th and 06th UGC pay scale from the date of enforcement and to pay other consequential dues and further to declare that the respondents-authorities had not paid full salary to the petitioner.

(3.) The factual aspects, as has been delineated in the writ application, in a nutshell is that the petitioner no. 1, namely, Md. Mahfooz Alam Ansari was appointed on the sanctioned and recommended post in the 4th phase newly constituted College on the post of lecturer at Panch Pargana Kisan College, Bundu on 21.08.1984 vide letter dated 18.01.1986 for Urdu Subject and petitioner no. 2, namely Chandra Mohan Mahto was appointed on the post of lecturer at Panch Pargana Kisan College, Bundu on 07.08.1984 vide letter dated 18.01.1986 for Panch Parganaya, a regional language. It has been averred that the petitioners' name find place in the report including its format dated 14.02.1987 in the Three Man Screening Committee, which was constituted by the State Government vide memo dated 19.08.1996. It has further been averred that the then Principal SecretaryCommissioner, Department of Human Resources Development vide letter dated 18.12.1989, wherein, a list was prepared for provisional absorption of services of the teachers appointed and working against the sanctioned and recommended post upto 30.04.1986, the cut off date in the 4th phase constituted colleges, wherein, the petitioners finds their name. It has been averred that vide memo dated 25.06.1998, then Registrar of Ranchi University, Ranchi issued a notification in compliance to the Honourable High Court in C.W.J.C. No. 4021 of 1995, dated 31.01.1997, the Vice Chancellor has been pleased to regularize the services of the lecturers of P.P.K. College, Bundu, wherein, the petitioners also find place at Sl. No. 44 and 49. It has further been averred that the services of the petitioners have been approved by the State Government of Bihar for salary payment on pay scale of Rs. 2200-4000.00. It has been averred that the Ranchi University vide its Resolution dated 22.08.1998 approved and confirmed the regularization of the services of teachers of newly constituted colleges of 4th phase. It has been averred that vide memo dated 9.6.2005, the then Registrar of the Ranchi University issued a notification in supersession of all previous in compliance to Supreme Court Judgment in Civil Appeal No. 6098 of 1997 and a list was laid down giving the names of candidates who have been absorbed provisionally in the service of Ranchi University under Sec. 4 (14) of the JSU Act 2000 with effect from the date noted against the names, wherein, the petitioners have been placed at Sl. No. 3 and 16 and their services were absorbed with effect from 9.5.1988. It has further been averred that vide memo dated 07.02009, the then Registrar of the Ranchi University, Ranchi issued a notification confirming the absorption of the petitioners in continuation to notification vide Memo dated 09.06.2005 and the petitioners stands at Sl. No. 1 and 5 respectively.