Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has inter alia prayed for quashing portion of order as contained in memo dated 27.06.2012 whereby it has been held that during the period 23.03.1985 to 30.04.1986, there was no concurrence of the College Service Commission in the appointment of the petitioner; and for quashing/modifying part of letter dated 18.05.2007 whereby, the respondents have entered wrong date of substantive appointment of the petitioner and accordingly prayer has been made to rectify the wrong committed with regard to the date of substantive appointment. Further prayer has been made for direction upon the respondents to consider and pass appropriate order with regard to promotion of the petitioner to the post of Reader under 10 years Time Bound Promotion Statute and pay arrears of salary and grant all consequential benefits.
(2.) The facts, as disclosed in the writ application, in brief, is that petitioner was appointed Lecturer of Mathematics against the sanctioned post after following due process of appointment in Chas College, Chas under Vinoba Bhave University, Hazaribag and accordingly he joined on the same post on 14.02.1984. After passage of time, vide notification dated 04.08.1998 issued by the Registrar, Vinoba Bhave University, Hazaribag, the services of the petitioner was regularized from the date of his joining and he was extended all the benefits of regular lecturer. It has further been submitted that the matter relating to absorption of teaching and non-teaching employees of newly converted 4th phase constituent colleges was agitated by the Union of the employee by filing C.W.J.C No. 4021 of 1995 and the matter finally went up-to the Hon'ble Supreme Court in Civil Appeal No. 6098 of 1998, wherein the Hon'ble Supreme Court set up a one-man Committee of Retired Supreme Court Judge i.e. Hon'ble Justice S.C Agrawal Commission to enquire into the matter and accepting the report of Hon'ble Agrawal Commission, final judgment vide order dated 12.10.2004 was delivered in Civil Appeal No. 6098 of 1997. It has further been submitted that Hon'ble S.C. Agrawal Commission in his report vide Annexure IVA has given a list of teaching employees, who were eligible to be considered for absorption, wherein the name of the petitioner finds place at serial no. 2 in the Department of Mathematics in the concerned College i.e. Chas College, Chas showing his date of appointment as 07.02.1984 and also showing him eligible for absorption from 07.02.1984. In the light of order dated 12.10.2004 passed in Civil Appeal No. 6098 of 1997, the respondent-University issued formal order of absorption of petitioner vide memo dated 16.09.2005, but the H.R.D. Department while carrying out the pay-fixation vide letter 18.05.2007 has wrongly fixed 30.04.1986 as substantive date of appointment instead of 14.02.1984. Aggrieved thereof the petitioner filed his objection before the department but it did not evoke any response. It has further been submitted that even the Registrar, Vinoba Bhave University, Hazaribag vide letter dated 25.01.2008 also wrote letter to Director, H.R.D. Department, Government of Jharkhand regrading rectification of anomaly made in pay-fixation but even then the Department turned deaf ear. Left with no option, the petitioner along with other similarly situated persons moved this Court by filing W.P. (S) No. 5115 of 2008, which was disposed of vide order dated 16.04.2012 with a direction to Secretary, H.R.D. Department, Government of Jharkhand to consider the case of the petitioner in the light of clarification made by the respondent-University for correction of date of absorption of the petitioner and also subsequent promotion and pass appropriate order, but the Director, H.R.D. Department instead of removing the anomaly travelled beyond the issue in question passed impugned order dated 27.06.2012 whereby it has been held that during the period 23.03.1985 to 30.04.1986, there was no concurrence of the College Service Commission in the appointment of the petitioner.
(3.) Heard Mr. Rupesh Singh, learned counsel for the petitioner and Mr. Atanu Banerjee, learned G.A for the respondents-State as also Mr. Mithilesh Singh, learned counsel for the respondentsUniversity.;