S.N.PATHAK,J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner has approached this Court with a prayer for quashing the stipulations and riders made in Clause-12 of memo No. 356 dated 13.11.2001 of the Human Resources Development Department, Higher Education which debars the teachers from annual increments/promotions who have been promoted under the Statutes and further prayer has been made for a direction to revise the pay-scale of the petitioner w.e.f. 01.01.2006 vide pay-fixation chart dated 06.08.2011 whereby the petitioner's pay has been fixed in Lecturer's selection grade of Rs. 37,400-67,000/- at the minimum basic of Rs. 37,400/- which has been done wrongly and illegally. Further prayer is regarding payment of annual increment in view of the resolution of the State Government dated 26.05.2015 issued vide memo No. 966 and in view of notification of the Kolhan University dated 18.06.2015.
(3.) The facts as derived from the writ petition are that petitioner was appointed in the Department of Commerce, K.S. College, Seraikella on 01.07.1976, then under Ranchi University, Ranchi and presently, under Kolhan University, Chaibasa concurred by the Commission, confirmed by Ranchi University, was promoted to the post of Reader under the statutory time bound promotion scheme of the years w.e.f. 01.07.1986 vide memo No. B/5305-17/95 dated 21.12.1995, where the petitioner stands at Sl. No. 5 and was put in the scale of Rs. 3700-5700, the senior scale of reader. Subsequently pay fixation under 4th Pay Revision was fixed vide memo No. B/12276-3000 dated 11.10.1996 and accordingly, payment was made. It is further case of the petitioner that subsequently, 5th UGC pay-scale was implemented by the HRD Department, Higher Education, Govt. of Jharkhand and by Ranchi University w.e.f. 01.01.1996 and accordingly, pay of the petitioner was fixed in the Reader's scale of Rs. 10,000-15,200 instead of Rs. 12000-18300/-. It has further been stated that petitioner's pay in Reader's scale was fixed in the scale of Rs. 10,000-15,200 w.e.f. 01.01.1996 with Rs. 10,000 basic minimum which was not proper and was fixed erroneously. It has been specifically stated that as the petitioner was appointed in the year 1976 and promoted under the statutory provisions of 10 years' time bound promotion scheme w.e.f. 01.07.1986 and therefore, he was entitled for minimum of Rs. 14,940/- as on 01.01.1996 in the scale of Rs. 10,000-15,200 with all consequential benefits but the same was illegally not considered in complete violation of the UGC Scheme and also in complete violation of orders of this Court and decisions of the Government. It is the further case of the petitioner that though he was eligible for promotion under time bound promotion scheme w.e.f. 01.07.1986 but the same was given to him very belatedly in the year 2007, as the statutory screening in respect of the teachers of Department of Economics and Psychology was not done at due time by the respondents for which the petitioner cannot be put to suffer as he had applied for the same several times in the light of the notification of Ranchi University inviting applications for the same. The petitioner was also entitled for UGC merger scale of Reader/Selection Grade of Rs. 12000-420-18300/- w.e.f. 01.01.1996 but the same was also very belatedly implemented w.e.f. 18.10.2002 with monetary benefits w.e.f. 31.05.2005 vide letter No. 1364 dated 30.10.2009 of the HRD Department, Higher Education, Govt. of Jharkhand and pay-fixation chart dated 26.10.2009. It has further been stated that objections/representations were invited from concerned teachers in respect of grievances by Ranchi University for onward transmission to the State Government for consideration and anomalies, if any, detected at any stage to be rectified vide Ranchi University memo No. B/17/10 dated 08.01.2010. Petitioner also represented his case along with others but nothing came and the anomalies crept in 5th UGC pay-scale in respect of the petitioner, which continued without any correction putting him at great monetary loss and mental agony. Subsequent to this, 6th UGC pay-scale was implement w.e.f. 01.01.2006 and the petitioner's pay was fixed vide pay-fixation chart dated 20.07.2011 of the HRD Department, Higher Education, Govt. of Jharkhand in the pay-scale of Rs. 37400-67000/- putting the petitioner at the minimum of scale at Rs. 37400 with stoppage of future increments in violation of U.G.C. regulations, norms, High Court's orders and government decisions in similar cases depriving the petitioner from his rightful due of replacement scale of Rs. 12000-18300/- at Rs. 14940/- as on 01.07.1996 requiring implementation w.e.f. 01.01.1996 instead of 31.05.2005. Hence, this writ petition has been filed.;