- (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.) Both the writ Petitioners were appointed to the post of lecturer on 26.7.1969 in the subject of Hindi and History Department of Nirmala College, respectively. The said college was affiliated to the Ranchi University, Ranchi. It is also alleged that the said college got affiliated by the Respondent university up to pre-degree -I Arts Standard for the Academic Sessions 1969-70 and since then the teaching of the students of pre-degree Arts standard has been commencing in the Respondents college. The Petitioners, pursuant to the said appointment made by the college, joined the services on 18.8.69 in the Nirmala College, Ranchi and the Respondent college as well as Bihar University Service Commission, Patna on 10.8.76 confirmed and approved the services of the Petitioners in the said college as lecturers in the Department of Hindi and History, respectively. The Petitioners were promoted from the post of lecturers to the post of Reader in their respective subjects under the time bound promotion scheme w.e.f. 1.2.1985. The governing council of the said college considered the cases of the Petitioners for the post of Professor under the Statute for time bound promotion under 16-25 years scheme and approved the said promotion w.e.f. 18.8.94. Pursuant to such approval, the name of the Petitioners were recommended to the Ranchi University, Ranchi. The recommendation made by Nirmala College, Ranchi was placed before the Governing Body of the University and before the Commission and then they were recommended by it for the promotion to the post of Professor on 7.5.1999. Thereafter, they were given the time bound promotion to the post of Professor. Consequent there upon, Annexure-6 to the writ petitions was issued by the Registrar of the Ranchi University appointing the writ Petitioners as Professor w.e.f. 18.8.94. Thereafter, on 24.6.03, a notification was issued by the Department of Human Resources development, Government of Jharkhand, Ranchi in which the salary of the Petitioners have been fixed in a lower scale of Reader ignoring their promotions as Professor. The representations were made by them but no heed has been paid by the Respondent-authority. Hence, both the writ Petitioners feeling aggrieved by the said order preferred the writ petitions.;