NIRMALA SINHA Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2016-3-34
HIGH COURT OF JHARKHAND
Decided on March 15,2016

Nirmala Sinha Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the pay fixation chart dated 21.06.2007 issued by the respondent -HRD Department vide Annexure -9 to the writ application whereby the pay scale of the petitioner has been fixed on the lower scale of Reader, and the petitioner has prayed for direction to the respondents to forthwith correct the pay fixation notification of the petitioner in appropriate replacement scale of University Professor w.e.f. 01.01.1996 as has been allowed to several similarly situated persons and for direction to immediately release arrears/entire difference of pay in favour of the petitioner and also to revise and fix the pension payable to the petitioner on the basis of revised pay scale.
(2.) Sans details, the factual matrix, as has been delineated in the writ application, in a nutshell is that on the recommendation of the Selection Committee, the governing body of the respondent college vide its letter dated 24.02.1977 issued offer of appointment to the petitioner on the post of Lecturer in the Department of Hindi. In pursuance to such letter of appointment, the petitioner submitted his joining on 14.03.1977 and thereafter the services of the petitioner was regularized. The petitioner having fulfilled the requisite qualification of lecturer and also having rendered 8 years of continuous service, the Bihar State University Constituent College Service Commission recommended for promotion of the petitioner on the post of Reader with effect from 22.12.1986 as per Annexure -4 to the writ application. Thereafter, vide notification dated 20.08.1999 the services of the petitioner was confirmed as Reader w.e.f. 22.12.1986. Since, the petitioner fulfilled the eligibility for promotion on the post of University Professor under the 16 years merit promotion scheme, the name of the petitioner was recommended by the expert Bihar State University (Constituent) Service Commission for promotion on the post of University Professor on completion of 16 years of service. In pursuance to the recommendation of the expert commission, the petitioner was promoted on the post of University Professor with effect from 14.03.1993 which was duly confirmed by the Ranchi University, by its notification dated 20.08.1999 as per Annexure -6 to the writ application. The University Grant Commission has recommended for revision of pay scale and as per the UGC recommendation, the old scale of University Professor was revised as evident from Annexure -7 to the writ application. During continuation on the post of University Professor, the petitioner retired from service on attaining the age of superannuation on 30.04.2004 after rendering about 27 years of unblemished service. But, to the utter surprise and consternation, the respondent authorities, HRD Department vide order dated 21.06.2007 has fixed the pay scale of the petitioner in the lower scale of Reader vide Annexure -9 to the writ application, which is impugned in this writ application. Being aggrieved by the order under Annexure -9 to the writ application, left with no alternative, efficacious and speedy remedy, the petitioner has approached this Court under Article 226 of the Constitution of India, invoking extraordinary jurisdiction of this Court for redressal of his grievance.
(3.) Heard Mr. Rahul Kumar, learned counsel appearing for the petitioner as well as Mr. Ajit Kumar, J.C. to SC. (L & C) and Anoop Kumar Mehta appearing for the respondents.;


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