A writ petition filed by a lecturer for pay fixation in UGC scales and various allowances was dismissed. The court found that the petitioner's appointment was never approved by the University or the Governing Body, making the prayer misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4924 of 2012
Dr. Balmukund Singh, S/o Shri Ramashish Singh, Lecturer, Department of Chemistry, Jubilee College, Bhurkunda, P.O. + P.S.Bhurkunda, Distt: - Ramgarh … … Petitioner
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
2. Learned counsel for the respondent – State Mr. Subham Mishra is present.
3. Learned counsel for the respondent- Vinoba Bhave University Ms. Indrani S. Choudhary is present.
4. Learned counsel for the respondent no. 3 Mr. Rajesh Kumar is
also present.
5. This writ petition has been filed for the following reliefs:
“(a) For fixation of pay of the petitioner in the 5th and 6th University Grants Commission’s (in short U.G.C.) Pay Scale meant for Lecturer (now designated as the Assistant Professor by U.G.C.) effected and implemented by the State Government of Jharkhand with effect from 01.01.1996 and 1.1.2006 respectively with all admissible benefits and arrears thereof;
6. The learned counsels for the respondents have placed the materials on record and have submitted that the relief as prayed for by
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the petitioner is misconceived and no writ be issued considering the facts and circumstances of this case.
7. The learned counsel for the respondent no. 3 has submitted that he has filed a counter-affidavit in the present case stating that the petitioner is not a permanent teacher of the Jubilee College and the petitioner was not appointed on regular basis. He also submits that the appointment letter of the petitioner was never approved by the Governing Body. The learned counsel also submits that the Governing Body of the college also disapproved the appointment of the petitioner vide letter dated 11.08.2000 and the respondent - Vinoba Bhave University, Hazaribagh has also never approved the appointment of the petitioner. However, the Governing Body of the college considered the application of the petitioner sympathetically and agreed to pay the basic pay of Rs. 8,000/- with effect from 29.08.2009. Learned counsel also submits that after the year 2005, the college started receiving some “no deficit grant” from the State Government.
8. The learned counsel appearing on behalf of the respondentUniversity has submitted that a counter-affidavit has been filed by the university mentioning that the college in which the petitioner has been working is an affiliated college and the University as well as the State Government do not take any financial burden of the college by granting affiliation in any teaching course. She has also submitted that the financial control of the fund and account lies solely with the Governing Body of the college in the matter of affiliated college and the University has been wrongly made a party respondent in the present case.
9. The learned counsel for the respondent- University has also submitted that petitioner is claiming for 5th and 6th University Grants Commission’s pay-scale to which the petitioner is not entitled as the services of the petitioner was never approved by the respondentUniversity.
10. The learned counsel appearing on behalf of the respondentState has also referred to the counter-affidavit to submit that the petitioner was working as lecturer in the Jubilee college, Bhurkunda, Ramgarh which is a Vittrahit affiliated college of Vinoba Bhave University, Hazaribagh and the State Government on certain
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conditions gives lump-sum grant to this type of colleges. In the year 2011-12, this college was given grant-in-aid to the extent of 26 lakhs and odd vide letter dated 27.03.2012 of the Human Resources Department and the grant-in-aid is governed by the provision of Jharkhand State Unaided Educational Institution (Grant) Act, 2004 (Act No. 04 of 2004).
11. The learned counsel for the State has also submitted that the grant-in-aid is lump-sum grant to such affiliated college and not a deficit grant and therefore, the liability of making payment to its employees is the liability of the Governing Body of the college. He submits that no writ, as prayed for, be issued against the respondentState.
12. After going through the materials on record and considering the arguments advanced on behalf of the respondents, this Court finds that a specific stand has been taken by the respondent no. 3 that the appointment of the petitioner was never approved by the Governing Body, although the respondent no. 3 had agreed to pay a basic pay of Rs. 8,000/- with effect from 29.08.2009. The stand of the respondentUniversity is that the services of the petitioner were never approved by the respondent – University. The aforesaid stand taken by the respondents in the counter affidavit has not been denied by the petitioner by filing a rejoinder. In such circumstances, no relief as prayed for by the petitioner in para 1 of the writ petition, can be issued in this writ petition.
13. Accordingly, this writ petition is hereby dismissed.
14. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Pankaj
2 issues framed by the court
Whether the petitioner is entitled to pay fixation in 5th and 6th UGC scales for Lecturer/Assistant Professor given the lack of approved appointment.
Whether the State Government and University are liable to make payments for a lecturer whose appointment was disputed and not approved.
Dr. Balmukund Singh
State of Jharkhand
The Vinoba Bhave University
The Governing Body, Jubilee College
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
