DIPAK BANERJEE Vs. RANCHI UNIVERSITY
LAWS(JHAR)-2009-7-128
HIGH COURT OF JHARKHAND
Decided on July 09,2009

DIPAK BANERJEE Appellant
VERSUS
RANCHI UNIVERSITY Respondents

JUDGEMENT

NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the order of the Vice -Chancellor dated 17.4.2001, contained in Annexure -4, whereby the petitioner's representation regarding payment of salary for the period from November, 1998 to January, 2002 has been rejected.
(2.) ACCORDING to the petitioner, he was selected for the post of Lecturer in History after following due procedure of selection pursuant to the advertisement of the post in 'Ranchi Express' in its daily edition on 6th October, 1983. The petitioner joined the college on getting appointment letter No. P -216 -18 dated 2.9.1985. At that time the college was affiliated to the Ranchi University (University for short). However, it became a constituent unit under the Ranchi University w.e.f. 30.4.1986. By the procedure of taking over of the college, teaching and non -teaching staff were absorbed. After joining his post as Lecturer in the College, he has been getting his salary regularly at the rate fixed by the Managing Committee. Payment of salary continued even after taking over of the college by the University at the prescribed pay -scale, but his salary and allowance has been stopped since November, 1990. The petitioner filed representation for regularization of his service and for payment of salary at the prescribed pay -scale for the post of Lecturer from the date, the college was taken over as a constituent unit i.e. 6th November, 1990 followed by several reminders, but the same were not heeded upon and no payment was given in spite of discharging his duty. Suddenly, in March, 1995, the petitioner was orally asked to stop coming on duty without disclosing any reason. No notice In writing was served on him. The petitioner thereafter preferred the writ application being C.W.J.C. No. 1647 of 1995(R). However, by order gated 3.1.1997, petitioner was permitted to withdraw the said writ petition for pursuing the matter departmentally. The petitioner persuaded the matter in the department of the University, but tono effect. He again filed writ application being C.W.J.C. No. 955 of 1997(R). The said writ petition was disposed of by order dated 24.4.1997 directing the petitioner to file a fresh representation before the Vice - Chancellor, who in turn was directed to decide the matter within six weeks. The petitioner again filed representation before the University. But in spite of the order of this Court, the matter was not disposed of to the knowledge of the petitioner, he filed an application for initiating contempt against the University -authorities.
(3.) IN the contempt proceeding, it was replied that the order of the Court was already complied with and the petitioner's claim was considered and disposed of by order dated 25.5.1997. On such statement of the opposite party, the petitioner was permitted to withdraw the contempt application.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.