- (1.) THE present writ petition has been preferred mainly for the reason that though the petitioner is working as Lecturer, he is not getting salary from the respondents. Learned counsel for the petitioner submitted that the petitioner was working as a Lecturer from 1986, thereafter, his services were terminated with effect from 1992. The petitioner was reinstated in the year, 1998 vide order at Annexure -1 to the memo of the petition. The petitioner's services were conditionally regularised vide order dated 29th of November, 2005 (Annexure -2). It is submitted by the learned counsel for the petitioner that in another similarly situated Lecturer's case, which has already been decided by this Court, appointment like the present petitioner was also made and thereafter his services were terminated. Again, his services were reinstated and regularised, but, there was no payment of the salary to the similarly situated Lecturer and, therefore, the Lecturer, namely Bankim Chandra Chatterjee had filed W.P.(S) No. 3168 of 2008, which was allowed by this Court vide order dated 30th July, 2008. Relevant paragraph of the said order reads as under: "Notwithstanding the submission made by the counsel for the respondent - University, the fact remains that the petitioner has been rendering his service as a Teacher in the College which has been declared as Constituent College of the University and his services are being continuously taken and there is no reason as to why his claim for salary including arrears is not being met even if the final decision in the matter of regularization of his service is yet to be taken. Accordingly, I direct the respondent - University to make payment of arrears of salary as well as current salary to the petitioner till the final decision is taken in the matter of regularization of his service by the competent authority. The State Government shall release the required fund to the University for payment of the said amount to the petitioner. With these observations and directions, this writ application is disposed of." In view of the aforesaid decision, it is submitted by the learned counsel for the petitioner that the case of the present petitioner is like the aforesaid petitioner and, therefore, similar order may kindly be passed, because the present petitioner is also serving as Lecturer and his salary is not being paid by the respondents.
(2.) I have heard learned counsel for the respondents, who has submitted that the petitioner's regularization has not yet been approved by the State Government. Nonetheless, the fact remains that the petitioner is working as Lecturer at Panch Pargana Kisan College, Bundu, Ranchi as Lecturer in the subject of Chemistry. It is also submitted by the respondents that there is some error in Annexure -2, in narrating the name of the petitioner as well as the name of the College. There is an application, preferred by the present petitioner, for correction of the name of the petitioner as well as the name of the college in Annexure -2. Such an application is still pending with the respondents. In view of these submissions and looking to the fact that the present petitioner is working as Lecturer in the subject of Chemistry and he has been reinstated vide order at Annexure -1 in the year 1998 and vide order at Annexure -2, conditional regularization has already been made and it is not in dispute that the present petitioner is working, even as today, as a Lecturer at the aforesaid College of Bundu, Ranchi and, therefore, he is entitled for the salary, in accordance with law. Moreover, looking to the decision rendered by this Court in W.P.(S) No. 3168 of 2008 decided on 30th of July, 2008, as stated hereinabove also, it imposed duty upon the respondents to pay salary to the present petitioner, like aforesaid order. I, hereby, direct the respondent - University to make payment of arrears of salary as well as current salary to the petitioner, till the final decision is taken in the matter of regularization of the services, by the competent authority. The State Government shall release the required fund to the respondent -University for the payment of the aforesaid amount to the petitioner. The aforesaid exercise towards the payment of arrears of salary as well as payment of the current salary shall be completed, as expeditiously as possible and practicable, preferably within a period of sixteen weeks from the date of receipt of a copy of an order of this Court. If the Government has already released the necessary fund to the respondent - University for payment of the salary to the petitioner, the amount shall promptly be paid, without any delay by the respondent -University to the petitioner.
(3.) IN view of the aforesaid directions and observations, this writ petition is allowed and disposed of.;