Mithilesh Kumar Singh … v. 1. 2. 3. 4. 5. The State of Jharkhand through the Principal Secretary, Human
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3457 of 2014 Mithilesh Kumar Singh …. Petitioner Versus 1. 2. 3. 4. 5. The State of Jharkhand through the Principal Secretary, Human Resources Development Department, Ranchi. The Director, Higher Education, Human Resources Development Department, Govt. of Jharkhand, Ranchi. The Ranchi University, Ranchi through its Vice Chancellor, Ranchi. The Registrar, Ranchi University, Ranchi. Jharkhand Public Service Commission through its Secretary, Ranchi. ------ …. Respondents CORAM : HON’BLE DR. JUSTICE S.N. PATHAK ------ : Mr. Rupesh Singh, Advocate For the Petitioner For the Resp-State : Ms. Sunita Kumari, AC to Sr.SC-I For the Resp- University : Mr. Amit Kumar Sinha, Advocate For the Resp-State
Legal Reasoning
this Court in W.P.(S) No. 3375 of 2016 (Dukhu Ram Kuiry & Ors. Vs. State of Jharkhand & ors.), wherein a High Powered Committee was constituted by the Government to formulate the broad guideline with regard to promotion under different Statues. 5. A supplementary affidavit on behalf of the petitioner has also been filed bringing on record the notification dated 14.12.2018 issued by the Government of Jharkhand in terms of the judgment passed by this Court in the case of Dukhu Ram Kuiry (supra). It has been decided therein that the teachers whose due date of promotion falls prior to 31.12.2008 and if those teachers have accomplished the orientation / refresher courses up to the extended period of 31.12.2013, they shall be considered for promotion from due date. Thereafter the Government of Jharkhand vide letter no. 2067 dated 11.10.2019 wrote to the Secretary, Jharkhand Public Service Commission clarifying the matter to the 3 effect that the teachers who have accomplished the requisite numbers of orientation / refresher courses after 31.12.2008 but before 31.12.2013 shall be promoted from their due date of promotion. Thereafter, the Ranchi University vide letter dated 11.3.2019 has again sent a list of 20 teachers including the petitioner for reconsideration by the JPSC in view of letter no. 2410 dated 14.12.2018 to consider the shifting of dates of promotion of the concerned teachers. 6. Mr. Rupesh Singh, learned counsel appearing for the petitioner vehemently argues that the petitioner is entitled for promotion to the post of Reader with effect from 21.11.2005, in view of Notification No. 05 dated 14.12.2018 issued by the Government of Jharkhand in the light of judgement rendered by this Court in the case of Dukhu Ram Kuiry (supra). Learned counsel submits that the petitioner was promoted to the post of Reader with effect 27.1.2011 and the same was notified vide letter dated 6.10.2012 of the Ranchi University. He further argues that as back as in the year 2013 itself, he has preferred representation before the respondent-University for shifting the date of his case for promotion. It is only after issuance of the notification of the State Government dated 14.12.2018, the same was recommended but till date the same has not been notified/ approved by the respondent-Jharkhand Public Service Commission. He further submits that though the respondent-JPSC was very much aware about the notification of the State Government and also the guidelines given by this Court in the case of Dukhu Ram Kuiry (supra), but no positive order has been passed on the recommendation of the University. Hence, a direction be given to the respondents, in particular respondent-JPSC to accord approval on the recommendation of the Ranchi University vide letter dated 11.3.2019 and to pass appropriate orders by shifting the date of promotion with effect from 21.11.2005. 7. Mr. Amit Kumar Sinha, Learned counsel appearing for the Ranchi University very fairly submits that the University was very much aware about the guidelines issued in the case of Dukhu Ram Kuiry (supra), but for want of any clarification regarding the date of shifting of promotion, no order was passed. He further submits that now the State Government has come out with the notification dated 14.12.2018 regarding grant of promotion, the case of the petitioner was duly considered and recommended to the Jharkhand Public Service Commission for consideration. Learned counsel further submits that it is 4 the outlook of the Jharkhand Public Service Commission to consider the case of the petitioner and pass appropriate order which shall be duly affirmed by the University as well as the State. 8. Ms. Sunita Kumari, learned counsel appearing for the respondent- State submits that the State has already issued notification dated 14.12.2018, whereby it is duly clarified that the date when a Lecturer completes five years in Senior Scale can be considered for next promotion to the post of Reader from the due date and hence, the petitioner is entitled for shifting of the date of promotion to 21.11.2005, as he was continuing in Senior Scale with effect from 21.11.2000 which ought to have been considered on the recommendation of the Ranchi University. 9. Mr. Abhay Prakash, learned counsel representing the respondent JPSC argues that admittedly the case of the petitioner was considered in view of the clarification issued by the State Government. He further submits that vide letter dated 14.12.2018, the matter has been clarified and also the respondent- JPSC has received the recommendation of the University and the same shall be considered in accordance with law and specific order shall be passed within stipulated period. 10. After going through the documents brought on record and the
Arguments
: Mr. Abhay Prakash, Advocate ----- 4/ 31.01.2024 Heard the learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner has approached this Court with a direction to the respondents to grant promotion on the post of Reader with effect from 21.11.2005 in the light of Career Advancement Scheme contained in letter dated 12.3.2009 and letter dated 7.12.2012 issued by the University Grants Commission. 3. Briefly stated, the petitioner was appointed as Lecturer in the Department of Hindi under Ranchi University vide Memo No. B/12577-12768 dated 2.11.1996. Pursuant thereto, he joined his service on 6.11.1996. It is case of the petitioner that the University Grant Commission notified special scheme for promotion of the University Teachers and Staff known as Career Advancement Scheme in the year 1998 itself, but the same was implemented in the State of Jharkhand with effect from 26.6.2008. As per this Scheme, a candidate working as Lecturer was eligible for promotion to Lecturer (Senior Scale) upon completion of four years’ service with Ph.D. degree and one orientation course or 6 years’ service without Ph.D degree and one orientation course. This Scheme further prescribed the eligibility criterion for promotion to the post of Lecturer (Senior Scale) to Reader. As per which, a Lecturer shall be promoted to the post of Reader who have completed five years of service in 2 Senior Scale with Ph.D degree. The petitioner has attended one orientation course from 25.3.1998 to 21.4.1998 and refresher courses from 9.5.2000 to 29.5.2000 and 13.2.2003 to 5.3.2003 and from 7.1.2011 to 27.1.2011. Thereafter, the petitioner was promoted to the post of Lecturer (Senior Scale) vide memo dated 25.11.2010 with effect from 21.11.2000. It is further case of the petitioner that the UGC vide letter dated 7.12.2012 further relaxed the Career Advancement Scheme to the effect that even if a candidate fulfills the concerned qualification upto 31.12.2013, he shall be considered for promotion from the due date. However, the respondent-State contrary to the notification of the UGC issued a resolution contained in memo no. 1188 dated 20.11.2010 that promotion under the said Scheme shall be applicable only upto 31.12.2008. Considering the fact that the petitioner had accomplished the requisite number of refresher / orientation courses on 27.1.2011, he was granted promotion from the post of Lecturer (Senior Scale) to the post of Reader with effect from 27.1.2011. The petitioner thereafter represented before the respondent no. 4 on 29.4.2013 with a request to grant him promotion to the post of Reader with effect from 21.11.2005 in the light of the said Scheme, since he was continuing in the post of Lecturer (Senior Scale) right from 21.11.2000. Since the petitioner was not considered for promotion from due date, he has been constrained to knock the door of this Court for redressal of his grievances. 4. The respondent-State filed a supplementary counter affidavit stating therein that the issue involved in this case fell for consideration before
Decision
averments made in the writ petition as well as counter affidavit and after hearing the rival contentions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. It is an admitted case that the petitioner has already been granted promotion to the post of Reader with effect from 27.1.2011 and duly notified by the University on 6.8.2012. The issue regarding promotion on the next higher post has been set at rest in view of the judgment passed in the case of Dukhu Ram Kuiry (supra). Thereafter, the State Government issued the Notification No. 5 dated 14.12.2018, wherein a detailed guidelines has been issued to consider the case of promotion on the higher post in the University. As per the guidelines, it is crystal clear that if a Lecturer has completed requisite experience of five years in Senior Scale before 31.12.2008, but the orientation / refresher course is done after 31.12.2008 but before 31.12.2013, then in such cases, date of promotion to the next higher level i.e. to the post of Reader shall be the date on which they completes the requisite experience of five years working as Lecturer (Senior Scale). 11. However, on one or other reason, the case of the petitioner for 5 promotion with effect from 21.1.2005 has not been considered. But, after issuance of broad guidelines dated 14.12.2018, the case of the petitioner regarding shifting the date of promotion with effect from 25.1.2005 has duly been recommended by the University. 12. In view of recommendation of the Ranchi University to the respondent-JPSC for consideration of his case about shifting the date of promotion with effect from his due entitlement i.e. 21.11.2005, this Court is of the view that it would be appropriate to direct the respondent no. 5 (Secretary, Jharkhand Public Service Commission) who is sitting tight over the matter for last four years, to issue immediate direction / notification for consideration of the case of the petitioner for shifting the date of promotion from 27.11.2011 to 21.11.2005. 13. Let the entire exercise be completed within a period of six weeks from the date of receipt of a copy of this order. Needless to say that the petitioner shall be entitled for all consequential benefits upon shifting of the date of promotion to the post of Reader to 21.11.2005. 14. With the aforesaid observations and directions, this writ petition stands allowed. R.Kr. (Dr. S. N. Pathak, J.)