- (1.) THIS appeal has been preferred against the respondent no.1 -Maya Singh, who has retired as a University Professor from Vinoba Shave University. The respondent no.1 was already promoted to the post of University Professor and after promotion she availed the scale of a University Professor and having successfully discharged her duty in such capacity, she also retired from the service. However, when the occasion for payment of retiral dues as well as arrears of salary in the UGC scale and fixation of pension came up, the appellants reduced her pay to the scale of Lecturer, which she challenged before the learned Single Judge by filing a writ petition being W.P. (S) No. 2025 of 2004*, which was allowed by the judgment and order dated 4.10.2005
(2.) THIS appeal was listed before us for the first time on 21st July 2008 after the matter was remanded by the Supreme Court. The appellant -State of Jharkhand has preferred this appeal against the aforesaid judgment and order, in support of which the learned Senior Standing Counsel pressed hard to impress upon this Court that the reduction of pay scale from Professor to Lecturer, even after the retirement of the respondent no. 1 was justified as she had not acquired 13 years of teaching experience on the post of Lecturer.
(3.) HOWEVER , we find no substance in this plea as the respondent no.1 had completed 18 years of teaching experience and a longer period out of that was spent on the post of Reader. Thus, she had acquired 18 years of teaching experience before she was duly granted promotion to the post of Professor. The learned Single Judge, therefore, in our view, was correct in allowing the writ petition of the respondent no.1 and allowed her claim for arrear of salary on the basis of UGC scale and fixation of pay on the basis of last pay drawn by the respondent no.1.;