Rongon Mukhopadhyay, J. - (1.) IN this writ application, the petitioner has prayed for a direction upon the respondent No. 5 to grant permanent concurrence to the petitioner on the post of Lecturer in Economics in A.N. College, Dumka with effect from 11.02.1989 on the ground that the petitioner has been legally appointed on the said post and temporary concurrence has been granted by the Jharkhand Public Service Commission vide Memo No. 1008 dated 10.09.2010. It has further been prayed that consequent to grant of permanent concurrence to the petitioner on the post of Lecturer in Economics Department in A.N. College, Dumka to grant him all the benefits including revised pay and arrears of pay in revised pay scale as well as for up gradation of his post in accordance with his seniority in the said college.
(2.) PURSUANT to an advertisement published in daily news Indian Nation on 14.08.1988, wherein applications were invited for appointment to the post of Lecturer in Economics Department in A.N. College, Dumka, the petitioner applied on 27.08.1988. He was selected and pursuant to an interview, the governing body decided to appoint the petitioner on the second post of Lecturer in Economic Department, to which the petitioner submitted his joining on 20.02.1989. Vide letter No. 569 dated 14.03.1991, two posts of Lecturer in Economics were sanctioned for A.N. College, Dumka and subsequently vide letters dated 5.1.2000 and 24.09.2003, two further posts of Lecturer in Economics were sanctioned for A.N. College, Dumka. The petitioner had sent an application on 9.12.2004 before the Jharkhand Public Service Commission, Ranchi for his confirmation on the post of Lecturer in A.N. College, Dumka but the same was not considered since the application was not sent by the petitioner through the Secretary of the governing body of the college. Subsequently, however, a letter was sent by the Governing Body of A.N. College, Dumka to JPSC for granting temporary confirmation and vide Memo No. 1008/Ranchi dated 10.09.2010, the petitioner was granted temporary concurrence in respect of his appointment on the post of Lecturer in Economics in A.N. College, Dumka. Representations were submitted by the petitioner on several occasions to grant him permanent concurrence on the said post but since no further action was taken by the concerned respondents, the petitioner preferred the present writ application. Heard Mr. Prabhash Kumar, learned counsel for the petitioner, Mr. Anil Kumar, learned counsel for Respondent Nos. 1 and 2, Mr. Mithilesh Singh, learned counsel for respondent Nos. 3 and 4 and Mr. Anil Kumar Sinha, learned senior counsel for respondent No. 5(JPSC).
(3.) MR . Prabhash Kumar, learned counsel for the petitioner, has submitted that prior to appointment of the petitioner by the Governing Body of the college, the necessary procedures were duly followed, as such the initial appointment of the petitioner was legal and valid. It has further been submitted that three posts of Lecturer in Economics in A.N. College, Dumka have been sanctioned by the State Government and there is obviously no reason as to why the permanent concurrence should not be granted to the post being held by the petitioner. It has further been submitted that temporary concurrence was granted vide Memo No. 1008/Ranchi dated 10.09.2010 to the petitioner on the post of Lecturer in Economics Department after considering the entire records, which were made available to the respondent No. 5 and as such the claim of the petitioner for permanent concurrence is all the more justified. It has also been submitted that respondent No. 5 -JPSC, which has granted temporary concurrence to the petitioner, on the post, in which he is working, has the power to grant permanent concurrence also as letter No. 1008 dated 10.09.2010 itself is a request to the Registrar, Sidhu Kanhu Murmu University (Respondent No. 2) to send proper request for regular appointment so that action may be taken for appointment of the Lecturer, who possesses requisite qualification. It has, therefore, been submitted that there is no bar on the part of the respondent No. 5 to grant permanent concurrence to the petitioner on the post of Lecturer in Economics Department.;