JAWED AHMAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2005-7-38
HIGH COURT OF JHARKHAND
Decided on July 20,2005

Prof.(Dr) Jawed Ahmad Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioners against the order contained in letter No. 307 dated 24th February, 2004, issued under the signature of the Deputy Secretary, Human Resources Development Department, Government of Jharkhand. By the said order, the respondent -State has directed the authorities to fix the pay of principals of different University -Colleges in the UGC pay scale of Principal, provisionally.
(2.) ACCORDING to petitioner, they were appointed as Lecturer of different colleges on the recommendation of Bihar State Universities Commission ( 'Commission ' for short). 1st petitioner was appointed on 24th July, 1972; 2nd petitioner on 17th April, 1972 and the 3rd petitioner on 9th June, 1972. Subsequently, taking into consideration their service records, performance and experience, their cases were recommended by the Commission and they were promoted to the rank of Reader from different dates. The 1st petitioner was promoted as Reader w.e.f. 1st June, 1989; 2nd petitioner w.e.f. 1st February, 1985 and 3rd petitioner w.e.f. 1st February, 1985. Thereafter, they were also allowed the benefit of time bound promotion to the next higher grade of Professor from different dates. It appears that the petitioners subsequently applied for their appointment to the posts of Principal and having been selected, they were appointed as Principal in different colleges. Even after their appointment, they were paid salary in the scale of Professor, till the impugned letter was issued on 24th February, 2004 and their salary was reduced in the lower scale.
(3.) ONE of the grounds taken by the petitioners is that the impugned letter dated 24th February, 2004 has been issued by the respondents without any notice to them. The other ground taken by the petitioners is that they having been granted time bound promotion to the higher grade of Professor, the posts of Professor being fidder post for appointment of Principal, their salary cannot be downgraded.;


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