- (1.) Heard learned counsel for the parties. There are 4 petitioners herein whose undisputed relevant details for considering the issue in controversy are quoted herein below, as culled out from para 9 of the counter affidavit filed by Respondent- University. Only the date of joining of petitioner no.4, Vinay Akhouri should be 24.10.1983, which is incorrectly shown as 24.10.1993 in the said Chart:- JUDGEMENT_96_LAWS(JHAR)11_2015.html JUDGEMENT_96_LAWS(JHAR)11_20151.html
(2.) In the background of these relevant facts, the plea raised by the petitioners is for shifting of their substantive date of appointment to their initial date of their joining in the light of the judgment passed by the Hon'ble Supreme Court in the case of Bihar Rajya M.S.E.S.K.K. Mahasangh & others and the decision of the learned Division Bench of this Court in L.P.A. No. 583 of 2009 dated 6.1.2012 in the case of Dr. Anant Kumar Akhauri Vrs. the Vice Chancellor, Ranchi University & others, 2012 2 JCR 153 (Annexure-6).
(3.) Learned counsel for the petitioner has referred to the directions passed in the case of Gokul Narayan Das in W.P.S. No. 5310 of 2007 vide judgment dated 24.8.2011 upon the respondent- department to decide the petitioner's representation for correction of date of absorption(Annexure-9 series).It is submitted by learned counsel for the petitioners that substantive date of appointment of said Gokul Narayan Das was also shifted and was considered for grant of promotion from the initial date of joining under the 10 years time bound promotion scheme vide notification bearing no. 105 dated 22.1.2014 of the respondent- University. Learned counsel for the petitioner has also referred from the rejoinder affidavit filed on 10.11.2014 at para 9 where para 53 of the judgment rendered by the Apex Court in the case of Bihar Rajya M.S.E.S.K.K. Mahasangh & others has been quoted in order to submit that under Section 35 want of prior approval from the State Government would not be an impediment in the way of the University to permit absorption of an employee working against the post.;