W.P. (S). No. 3700 of 2003. Case: Kanhaiya Mishra and Ors. Vs Ranchi University, Vice Chancellor, Registrar, Ranchi University and State of Jharkhand through Secretary, Human Resource Development (Higher Education). Jharkhand High Court

Case NumberW.P. (S). No. 3700 of 2003
CounselFor Appellant: Mr. Rajeev Ranjan Tiwary, Adv. and For Respondents: Anoop Kumar Mehta, Amit Kr. Sinha, Advs.
JudgesAparesh Kumar Singh, J.
IssueService Law
Judgement DateMarch 06, 2014
CourtJharkhand High Court


Aparesh Kumar Singh, J.

1. Heard counsel for the parties. These seven petitioners are aggrieved by the order dated 30.6.2003 contained in memo No. B/1994/2032 issued by the Registrar, Ranchi University, where under the designation of these petitioners as Sectional Officer(General and Accounts) has been withdrawn. This apparently has been done in view of the order of the Hon'ble Chancellor of the Ranchi University dated 16.9.2002 which is contained at Annexure-15 to the writ petition.

2. The background of the facts which are relevant for un-curtaining the controversy raised herein are as follows:- These petitioners were working against the sanctioned post of Head Clerk/Accountant after their appointment in the respective constituent colleges under the Ranchi University. Petitioner No. 1 was appointed against the sanctioned post of Class-III in J.N. College, Dhurwa on 22.7.1972 and promoted as Upper Division Assistant w.e.f 1.4.1978. Thereafter, he was promoted to the post Accountant w.e.f. 18.1.1989. He was re-designated as Sectional Officer, Accounts w.e.f 19.4.1990 by the notification of the University contained at Annexure-1 series. Petitioner No. 2 was appointed as Office Assistant in R.L.S.Y college, Ranchi against the sanctioned post of Office Assistant. He was promoted to the post of Head Assistant on 23.12.1974. The said petitioner was redesignated as Sectional Officer, General by the notification of the University dated 4.2.1986. Petitioner No. 3 was appointed as Office Assistant/Upper Division Clerk on 5.6.1972 and promoted as Head Clerk on 1.4.1978. He was also re-designated as Sectional Officer by the University by the memo dated 5.5.1988. Petitioner No. 4 was appointed on the sanctioned post of Clerk in Simdega College, Simdega and promoted to the post of Upper Division Clerk w.e.f 1.7.1981. He was redesignated as Sectional Officer on 21.1.1994. Petitioner No. 5 was appointed as Lower Division Clerk on 17.11.1972 in Kartik Oraon College, Gumla. He was treated to be in regular service vide office order dated 22.2.1994. In the meantime he was also promoted to the post of Head Assistant and thereafter, vide order dated 3.10.1994 he was re-designated as Sectional Officer, General. Petitioner No. 6 was appointed as Lower Division Clerk on 5.11.1973 and promoted to the post of Accountant on 24.8.1983 and was re-designated as Sectional Officer on 3.10.1994 in the same college as petitioner No. 5. Petitioner No. 7 was appointed as Clerk cum Assistant in B.S. College, Lohardaga on 10.1.1971 and promoted as Upper Division Clerk, thereafter. He was re-designated as Sectional Officer vide memo dated 24.5.1990.

3. After these individual facts relating to their original appointment leading to re-designation as Sectional Officer, the facts of the all these petitioners are common. Thereafter, by a common order dated 10.4.1995 which is annexed as Annexure-2/2 as also Annexure-10 to the writ application, the earlier office notifications in respect of these petitioners was partially modified in respect of pay fixation of such Head Clerk and Accountants i.e. petitioners, who were re-designated as Sectional Officer, General/Accounts granting them the pay scale of Rs. 1640-2900. It was observed there under that the actual benefit of the scale would be made upon availability of funds by the Government. The said office order was once again modified vide memo dated 22.1.1996 (Annexure-11) where under it was indicated that these petitioners and few others who were re-designated as Sectional Officer, General and Accounts and allowed the pay scale of Rs. 1640-2900 in the 5" Pay Revision would be paid revised pay scale effective from 1.1.1986 but actual payment would be from January, 1996. The Principals of the respective colleges were requested to fix their pay accordingly w.e.f. 1.1.1986 or from the subsequent date on which they have been designated as Sectional Officer and send the same to the University for approval. It was also observed that arrear of salary on account of pay fixation will be paid only after receipt of fund from the State Government.

4. It is contended by all these petitioners that since 1996 till 2003 i.e. passing of the impugned order they availed the actual payment of the said scale of Rs. 1640-2900 on account of 5'" Pay Revision. In the background of aforesaid facts, the controversy in the present writ application is primarily based upon the determination of the question as to whether these petitioners were rightly redesignated as Sectional Officer in the respective year...

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