The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1111 of 2023 Rajendra Prasad, aged about 60 years, S/o Shankar Mahto, R/o Flat No. 1C, Gujarat Colony, PO and PS Chas, District Bokaro, Jharkhand 827013 Petitioner … … Versus 1. The State of Jharkhand, through the Principal Secretary, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd floor, Yojana Bhawan, Nepal House, P.O. and P.S. Doranda, District Ranchi, Jharkhand 834002 2. The Director, Higher Education, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O. and P.S. Doranda, District- Ranchi, Jharkhand 3. Vinoba Bhave University through the Registrar, Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, Jharkhand, 825301 4. The Vice Chancellor, Vinoba Bhave University, Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, Jharkhand, 825301 5. The Registrar, Vinoba Bhave University, Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, Jharkhand, 825301 … … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Respondents
Legal Reasoning
--- : Mr. Baibhaw Gahlaut, Advocate : Ms. Neha Pandey, A.C. to Sr. S.C. III --- 04/07.07.2023 Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs:- (A) For issuance of direction upon the Respondents to allow the petitioner to work as an Assistant Professor in Markham College of Commerce, Hazaribagh as he had joined on 01.06.2022 in the said college pursuant to the notification dated 28.01.2021 of Vinoba Bhave University, Hazaribagh and has been stopped from doing duty after 14.08.2022 as the University has not issued any letter to the college to pay salary to the petitioner. (B) For issuance of writ, order, direction upon the Respondent No. 3 to 5 to pay salary to the petitioner for the period of 01.06.2022 to 14.08.2022 when the petitioner had worked as an Assistant Professor in Markham College of Commerce, along with interests @ 8% and other consequential benefits accruing thereof.” 3. Learned counsel for the petitioner has submitted that the petitioner had participated in the selection process after due 2 permission from his previous employer and was appointed as Assistant Professor of Botany in Vinoba Bhave University vide office order dated 27.07.2018. The petitioner duly participated in the selection process and was called for interview vide office order dated 27.07.2018. The Vice Chancellor, Vinoba Bhave University vide Notification dated 28.01.2021 and on the recommendation of Syndicate was pleased to place the petitioner as Assistant Professor in Markham College. The petitioner on 04.02.21 requested the District Superintendent of Education, Bokaro to release the petitioner from the post of Assistant Teacher so that he could join as Professor and simultaneously vide letter dated 05.02.2021 and 08..02.2021 he informed the Vinoba Bhave University that he would join the post as soon as he will be relieved from the post of Assistant Teacher by DSE, Bokaro. The DSE. Bokaro rejected his application on 15.03.2021 and therefore the petitioner continued to work as Assistant Teacher till 31.05.2022 and on attaining the age of 60 years and after retiring from the post of Assistant Teacher on 31.05.2022 the petitioner joined the post of Assistant professor in the aforesaid college on 01.06.2022 in pursuance of Vinoba Bhave University’s Notification dated 28.01.2021. After joining, the petitioner has discharged his duties but the payment of salary has not been made to the petitioner. The petitioner has filed his representation before the Registrar, Vinoba Bhave University dated 14.11.2022 but no decision has been taken so far. 4. The learned counsel submits that delay in joining was beyond his control and his joining was duly accepted and he discharged his duties, therefore there can be no reason for not giving salary to the petitioner. The age of retirement under Vinoba Bhave University is 65 years. He has submitted that now the respondents are not allowing the petitioner to continue. He has submitted that the order by which the petitioner was appointed has not yet been withdrawn or cancelled by the respondents. 5. Learned counsel for the respondents has submitted that though no counter affidavit has been filed in the present case but the grievance of the petitioner being pending before the Registrar can be 3 considered. He submits that the petitioner having not joined the post at the relevant point of time has no occasion to join the post later . 6. learned counsel for After hearing the the parties and considering the aforesaid background of the case this court finds that the decision in connection with the claim of the petitioner is required to be taken at the first instance by the University itself. The petitioner has filed a representation before the Registrar, Vinoba Bhave University for release of his salary and it has been submitted that the petitioner is not being permitted to continue the work although he joined and continued for some time. 7. This writ petition is disposed of enabling the petitioner to file detailed representation before the respondent No. 4 along with a copy of this order and the writ records. The respondent No. 4 is directed to grant an opportunity of hearing to the petitioner, if required, take necessary details from the concerned college where the petitioner claims to have joined and pass appropriate order in accordance with law considering the applicable circulars, guidelines etc. in connection with the joining and continuation of services of the petitioner. The reasoned order should cover all the grievances of the petitioner including his claim for payment. 8. The reasoned order be passed within a period of four weeks from the date of filing of representation and be communicated to the petitioner through speed post. 9. If the petitioner is ultimately found entitled to any monetary relief arising out of the reasoned order, the same be also remitted to the petitioner within a period of one month from the date of passing the reasoned order. 10. Pending I.A., if any, is closed. Binit (Anubha Rawat Choudhary, J.)