- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner is said to have retired from the post of Reader under the respondent No.4 Sidhu Kanhu Murmu University, Dumka while being posted in Sahibganj College. In the present writ application his grievance is that, during the fixation of the pay under the UGC scale with effect from 1st January, 1996, the date of joining of the petitioner has been treated as 28 February,1982 as per Annexure -4 though, the petitioner has been appointed as a lecturer in Bengali by an order issued by the Registrar on the decision of the Vice Chancellor under authority of the Syndicate vide Annexure -1, on 2nd February, 1978.
(3.) THE petitioner was initially appointed for a temporary period of six months in the scale of 700 -1600/ -. The petitioner was thereafter granted the first time bound promotion to the post of Reader (Annexure -3) with effect from 2nd February, 1988 vide notification dated 10th June, 1996 of the respondent Sidhu Kanhu Murmu University, Dumka which has been created upon bifurcation of the Bhagalpur University. Prior to that, by an order contained at Annexure -2 dated 23rd August, 1991 issued by the Commissioner and Secretary to the Governor, Bihar and communicated to the Vice -Chancellor, Bhagalpur University, the petitioner was absorbed with effect from 2nd February, 1978 on the said post in the subject of Bangla in Sahibganj College. Petitioner continued on the post of Reader and retired on 31st May, 1999. His pay fixation was also made earlier on the post of Reader. However, since the petitioners' pay under the UGC pay scale was being fixed on a subsequent date showing his date of joining as 28th February, 1982, the petitioner has preferred this Writ Petition for determination of his pension considering his date of joining as 2nd December, 1978 and to pay all admissible dues such as: Pension, Provident Fund, Gratuity, Leave Encashment and arrears due on promotion, on his retirement on 31st May,1999. The respondents however, vide order dated 17th September, 2011 Annexure -8 to the counter -affidavit have taken a decision to treat his substantive date of appointment as 28th February, 1982 on the basis of decision of the committee constituted for the said purpose in its meeting held on 16th September, 2011. The said order has been challenged by way of Interlocutory Application No. 1358 of 2012 which was allowed on 24th September, 2012. Counsel for the petitioner has relied upon the judgment rendered by the Division Bench of this court in the case of Dr. Anant Kumar Akhouri Vs. the Vice - Chancellor, Ranchi University, Ranchi and Ors. dated 6th January, 2012 passed in LPA No. 583 of 2009 to support his contention that when the petitioner was appointed on temporary basis for a period of six months in February, 1978 and has continued thereafter till he was absorbed, pursuant to the decision of the Hon'ble Chancellor his services ought to be treated with effect from his initial date of joining for the purpose of counting his service. Reliance has also been made upon the statute of 29th January, 1986 for 'Regularization of the Services of Temporary Lecturer, Appointed on or before 28th February, 1982'. Therefore, prayer has been made that the writ petition be allowed treating his date of substantive appointment as 2nd February, 1978. The respondent -State has defended its action inter -alia on the basis of the recommendation of the Committee dated 16th September, 2011 impugned herein, wherein, the petitioners' case was found covered under the third Statue, the cut -off date of which was 28th February, 1982. Therefore, the pay fixation of the petitioner has been done treating his date of appointment as 28th February, 1982. Counsel for the respondent -State has submitted that the State Government is authorized under the provisions of the University Act to fix the substantive date of appointment of an employee of the University and the same has been done on the recommendation of the Committee though, after his retirement at the time of fixation of the UGC Scale. Counsel for the respondent University has however, submitted that for the purpose of grant of promotion i.e. to the post of Reader his date of appointment has been treated as on 1978 and has been granted promotion as a Reader on 1988. However, State Government has taken a decision that the substantive date of appointment of the petitioner would be with effect from 1982. The University is bound by such decision of the State Government.;