GANESH PRASAD SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I .A. No. 3190 of 2008 has been filed by the petitioner, praying for allowing him to carry out certain amendments in the original writ application. Shri Sohail Anwer, learned senior counsel for the petitioner, would explain that the petitioner in the writ application has prayed for a direction upon the respondents to pay him the Reader's salary in the UGC scale of pay with effect from 1.1.1996 and also to pay the arrears and current salary in the aforesaid scale and further, to consider his case for promotion on the post of University Professor under the relevant Statute. Learned Counsel explains that in the counter -affidavit, the respondent -University has stated that since the petitioner's appointment to the post of Lecturer itself was not regularized, as such his case for promotion to the post of University Professor, cannot be taken up. Learned Counsel explains that the petitioner was appointed as a Lecturer in the Department of Commerce in Sindri College, Sindri on 11.9.1978 at a time when the college was affiliated to the Ranchi University, later the college became a constituent unit of the Ranchi University in the year 1980 and pursuant to the college having attained such status, the University Service Commission, Patna had granted temporary concurrence to the petitioner on his post. The petitioner thereafter, was promoted to the post of Reader initially on temporary basis, but later, such promotion was regularized on the recommendation of the Bihar State University Service Commission with effect from 19.8.1990. Under such circumstances, the petitioner is entitled to all the benefits of the post as a regular employee and if the respondents have not yet regularized his service, the respondent cannot possibly take a technical plea for denying the benefits of the UGC scale of pay to the petitioner and for refusing to grant him promotion to the higher post. Learned Counsel adds further that in the light of the aforesaid facts, the petitioner needs to add a further prayer to para -1 of this writ application to the effect that the respondents be directed to regularize the services of the petitioner with effect from the date of temporary concurrence on the post of Lecturer with effect from 19.8.1980. Counsel for the respondents is present. No rejoinder has been filed to the interlocutory application. I am satisfied that the proposed amendment would not alter or materially change the nature of relief originally claimed in the writ application. Accordingly, prayer for amendment is allowed. LA No. 3190 of 2008 shall form part of the original writ application. W.P. (S) No. 986 of 2005 Heard counsel for the parties in the writ petition. Prayer in this writ application is for a direction upon the respondents to pay the Reader's salary to the petitioner in the UGC scale of pay with effect from 1.1.1996 and also to pay him the arrears as well as current salary in the aforesaid scale and further, to consider his case for promotion to the post of University Professor under the relevant Statute. A further prayer by way of amendment to the writ application has been added for issuance of a direction upon the respondents to consider the petitioner's case for his regularization / absorption in service.

(2.) AS explained by the learned Counsel for the petitioner, it appears that the petitioner was admittedly appointed as a Temporary Lecturer in the Department of Commerce, Sindri College, Sindri, which at the relevant time, was an affiliated college of the Ranchi University and subsequently it gained the status of being a constituent college of the Ranchi University sometimes in the year 1980. Consequent upon the grant of the status of constituent college, the then Bihar Service Commission had accorded concurrence to the appointment of the petitioner to the post of Lecturer, albeit, for a temporary period. Subsequently, the college became a constituent college of the Binoba Bhave University.

(3.) FROM the counter -affidavit of the respondents, it appears that a definite stand has been taken by the respondent University that petitioner 'sprayer for payment of salary in the UGC scale of pay as also the prayer for his promotion to the post of University Professor, cannot be tenable in view of the fact that his services have till date, remained temporary and never regularized. It has been pointed out in the counter -affidavit that though, the Bihar State University Act had incorporated in the Statute certain guidelines for absorption of the purely temporary Lecturers in the regular service of the university and such incorporation in the Statute were carried out as many as on two occasions with a stipulation that such temporary Lecturers who were inducted in service prior to 28.2.1982, may be regularized / absorbed in service, but the petitioner was never regularized under either of the aforementioned Statutes.