DR.(MRS.) PULCHERIA JOHN HARO ] (IN 1000) DR. (MRS.) RATNA BANERJEE (IN 1042) Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THESE two writ petitions have a common controversy and as such, both the writ petitions are being disposed of by a common judgment.

(2.) THESE writ petitions have been filed by the petitioners under Article 226 of the Constitution of India for commanding upon the respondents to release the arrears of pay of the petitioners in the revised scale of Professor w.e.f. retrospective date, considering the fact that the petitioners have already been promoted w.e.f. 18.8.94 as Professor on due recommendation of the Bihar College Service Commission, Patna (for short the Commission). The petitioners further sought a direction to the respondents to fix the pay scale of the petitioners considering their date of promotion w.e.f. 18.8.94; the petitioners has further sought that the pay scale has been fixed by respondent NO.2 in the scale of Reader in view of letter as contained in Annexure -7 of the writ petitions, which is incorrect.

(3.) THE respondent -State contested the case and the only plea pressed into service is that the college of the petitioners was affiliated with Ranchi University up to Degree -II level w.e.f. 1971 -72 as such their substantive date of appointment was fixed as 1.6.1971. Respondent No. 2 also supported the notification contained in Annexure -7 to the writ petitions and the University has not submitted any 'counter affidavit in spite of sufficient time given to it.