SHYAM KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is a petition for contempt alleging non compliance of the order dated 23.9.2004 passed in W.P.(S) No.4893 of 2004 in which the learned Single Judge had been pleased to dispose of the writ petition filed by the petitioners observing therein that if the petitioners are found to be working as Lecturer prior to the date of take over of the College against sanctioned post or a post recommended for sanction and their names were appearing in the list of Lecturers working in the College which was prepared by the State Government and they were drawing salary, then in such case, the State Government will release the fund in favour of the University for payment of salary in the revised scale as recommended by University Grant Commission, within a period of two months from the date of receipt of recommendation from the University. The Court further observed that if one or the other authority takes any adverse decision, they will communicate such ground to the petitioners.

(2.) THIS petition for contempt has been filed stating that the aforesaid direction, as indicated hereinabove in the order sought to be complied, has not been followed in its entirety for although the University found that the petitioners were discharging duties on a sanctioned post of Lecturer prior to the take over of Markham College of Commerce, Hazaribagh and the University also accepted this position and sent its recommendation to the State , the State Government has released the fund for payment of salary only for a period of nine months, which has already been paid to the petitioners. But the petitioners are still aggrieved as it has been alleged that although there is a direction in the order that they would be entitled to the revised pay scale from the University Grant Commission, the same has not been granted to the petitioners after 1.1.1996. Thus it became apparent that it is the State Government, which had to release the grant in favour of the College through the University, so as to make the payment to the Lecturers as per the UGC scale.