Shiveshwar Prasad Vs the State of Jharkhand Thr the Principal Secretary Deptt of Higher Technical Education and Skill — Jharkhand HC (2024) — LawSathi Research

Shiveshwar Prasad Vs the State of Jharkhand Thr the Principal Secretary Deptt of Higher Technical Education and Skill — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

The writ petition was disposed of with directions: respondent-Vinoba Bhave University to decide the petitioner's promotion claim within twelve weeks; if decided affirmatively, the recommendation to be sent to respondent-JPSC for concurrence, with JPSC to communicate its concurrence to the University within eight weeks thereafter.

Issue for consideration

Prayer 1(A): whether a direction should issue to respondent no. 3 (JPSC) to consider and pass appropriate orders granting concurrence for confirmation of the petitioner's service in a time bound manner, in light of the Government of Jharkhand notification dated 14.12.2018. +1 more

Ratio / Principle

Having heard learned counsel for the parties and considering prayer 1(B), the respondent-University (Vinoba Bhave University) is directed to take an appropriate decision on the petitioner's claim for promotion.

Key takeaways

If the University decides the petitioner's promotion claim in the affirmative, the decision shall be sent to respondent-JPSC for its concurrence, and the exercise shall be completed by the University within twelve weeks.ratio¶31
Thereafter, respondent-JPSC shall take appropriate step with respect to grant of concurrence of the University's recommendation and communicate the same to the University within eight weeks thereafter.ratio¶31

Detailed headnote1 paragraphs

Writ Petition (Service) disposed of with directions (single Judge: Hon'ble Mr. Justice Rajesh Shankar; Order No. 03 dated 24.01.2024). Petitioner Shiveshwar Prasad sought (1(A)) a time-bound direction to JPSC for concurrence to confirm his service in light of Government of Jharkhand notification no. 01/Mu. 1-134/2018/05 dated 14.12.2018 — counsel stated this concurrence already stood granted — and (1(B)) promotion as Lecturer (Senior Scale) with effect from 27.07.1998 under the Career Advancement Scheme notified vide Gazette Notification (Extraordinary) No. 486 of 2008 read with the said 14.12.2018 notification, with arrears of salary and interest @ 8% per annum. The Court, accepting the explained procedure, directed Vinoba Bhave University to decide the petitioner's promotion claim within twelve weeks; if decided affirmatively, the recommendation is to go to JPSC for concurrence, which JPSC must communicate to the University within eight weeks thereafter. No precedent was cited; no adjudication on merits of the promotion claim was made.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 964 of 2023

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Shiveshwar Prasad

… … Petitioner

Versus

The State of Jharkhand through the Principal Secretary, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, Ranchi

The Director, Higher Education, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, Ranchi

Jharkhand Public Service Commission, Ranchi through the Secretary

Vinoba Bhave University, Hazaribagh through the Registrar

The Vice Chancellor, Vinoba Bhave University, Hazaribagh

The Registrar, Vinoba Bhave University, Hazaribagh

…. … Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the Resp.-State : Mrs. Pinky Tiwary, A.C. to A.G. For the Resp.-JPSC : Mr. Sanjoy Piprawall, Advocate Mr. Rakesh Ranjan, Advocate

For the Resp-University : Mr. Amresh Kumar, Advocate

Order No. 03 Dated: 24.01.2024

The present writ petition has been filed for the

following reliefs:

1(A) For issuance of direction upon the respondent no. 3-

the Jharkhand Public Service Commission to consider and pass appropriate order with respect to grant concurrence for confirmation of service of the petitioner in a time bound manner in light of the notification no. 01/Mu. 1- 134/2018/05 dated 14.12.2018 issued by the Government of Jharkhand.

1(B) For issuance of direction upon the concerned respondents to grant promotion to the petitioner as Lecturer (Senior Scale) with effect from 27.07.1998 under the Career Advancement Scheme notified vide Gazette

Notification (Extraordinary) No. 486 of 2008 read with Notification No. 01/Mu. 1-134/2018/05 dated 14.12.2018 issued by the Government of Jharkhand and consequently, pay arrears of salary along with interest @ 8% per annum from date of promotion and other consequential benefits accruing thereof.

2. Learned counsel for the petitioner submits that so far as the prayer no. 1(A) is concerned, the concurrence with respect to the confirmation of service of the petitioner has been granted by the respondentJharkhand Public Service Commission (JPSC).

3. So far as the prayer 1(B) is concerned, a decision is required to be taken at the first instance by the respondentVinoba Bhave University and thereafter the same has to be sent to JPSC for concurrence and if the concurrence is accorded, the University will take steps for issuing the notification with respect to the petitioner’s promotion.

4. Mr. Sanjoy Piprawall, learned counsel appearing on behalf of the respondent-JPSC, and Mr. Amresh Kumar, learned counsel appearing on behalf of the respondent-University also accept the aforesaid procedure explained by learned counsel for the petitioner.

5. Having heard learned counsel for the parties and considering the prayer-1(B) made in the writ petition, the respondent-University is directed to take appropriate decision with respect to the petitioner’s claim for promotion. If the said claim is decided in affirmative by the respondent-University, the

same shall be sent to the respondent-JPSC for its concurrence. The said exercise shall be completed by the respondentUniversity within twelve weeks. Thereafter, the respondentJPSC shall take appropriate step with respect to grant of concurrence of such recommendation of the respondentUniversity and communicate the same to the respondentUniversity within eight weeks thereafter.

6. The writ petition is accordingly disposed of with aforesaid direction.

(Rajesh Shankar, J.)

Ritesh/