Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 19293 (JHR)

UDIT NARAYAN LAL v. STATE OF JHARKHAND THRO THE SECRETARY HIGHER TECHNICAL EDUCATION AND SKILL DEVELOPMENT DEPARTMENT

WPC/4028/2024 · 2025-04-15

Deepak Roshan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:11356 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4028 of 2024 ------- Udit Narayan Lal, aged about 75 years, S/o late Uma Kant Lal, R/o Near D.S.P. Office, NH-33, Bundu, P.O. & P.S. Bundu, District Ranchi, Jharkhand ...… Petitioner Versus 1.The State of Jharkhand through the Secretary, Higher, Technical Education and Skill Development Department, Govt. of Jharkhand, having its office at Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 2. The Director, Higher & Technical Education, Government of Jharkhand, having its office at Nepal House, Doranda P.O. & P.S. Doranda District Ranchi, Jharkhand. 3. Ranchi University, Ranchi through its Registrar, having its office at Ranchi, P.O. G.P.O. Ranchi, P.S. Sadar, District Ranchi, Jharkhand. 4. Registrar, Ranchi University, Ranchi having office at Ranchi, P.O. G.P.O. Ranchi, P.S. Sadar, District Ranchi, Jharkhand. 5. The Jharkhand Public Service Commission, through the Secretary, J.P.S.C., having its office at Circular Road, Lalpur, P.O. & P.S. Lalpur, District Ranchi, Jharkhand. 6. The Principal, Panch Pargana Kisan College, Bundu, P.O. & P.S. Bero- Bundu, District Ranchi, Jharkhand. …. Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Rahul Kumar, Adv. : Mr. Awanish Shekhar, Adv. For the Res-J.P.S.C : Mr. Sanjay Piprawall, Adv. : Mr. Prince Kumar, Adv. : Mr. Rakesh Ranjan, Adv. : Mr. Jay Prakash, Adv. For the State : Mrs. Moushmi Chatterjee, AC to G.A-V For the University : Mr. Amit Kr. Sinha, Adv. ------- 05/Dated:15.04.2025 1. The instant writ application has been preferred by the petitioner for the following reliefs:- (a) For issuance of appropriate and suitable direction commanding upon the 2025:JHHC:11356 2 respondents to grant concurrence to the appointment and regularization of the services of the petitioner as Lecturer for the want of which the petitioner has been deprived of his promotion to the Post of Reader under the Career Advancement Scheme. (b) The petitioner prays for issuance of appropriate and suitable direction commanding upon the respondents to consider and promote the Petitioner as 'Reader' from effective due date of eligibility in terms of the Career Advancement Scheme under which the petitioner has applied. (c) The petitioner further prays for issuance of suitable and appropriate command or direction upon the respondents to allow the pay scale of the promoted post of Reader w.e.f. the effective due date of promotion and to consequently pay the entire arrears of difference of salary / benefits arising therefrom and to also re-compute the retrial dues of the Petitioner. 2. Mr. Rahul Kumar, learned Counsel for the petitioner draws attention of this Court towards Annexure-4 and submits that on 6/1/2010, he had applied under the scheme for promotion under career advancement scheme for placement as lecturer in the senior pay scale under the statute dated 23.09.1995. Pursuant to the above application given by the petitioner, an objection was raised by the Respondent- Commission that concurrence for the appointment of the 2025:JHHC:11356 3 petitioner is awaited due to non-fulfillment of certain documents. Thereafter, the Respondent-College sent the required document, which was actually the certificate of matriculation to the University. It has been further submitted by the Counsel that since it was a technical point raised by the Respondent-Commission and the document which was wanted was already in the possession of the College/University and since the College has already sent it to the University, the Respondent-University may be directed to forward the same to the Respondent- Commission, if not submitted till date and thereafter, the Respondent-Commission should do the needful for grant of concurrence for appointment. 3. Mr. Amit Kr. Sinha, learned Counsel for the University summits that if the required document i.e. the matriculation certificate, has not been forwarded till date, the same will be forwarded at the earliest to the Respondent-Commission. 4. Mr. Sanjay Piprawall, learned Counsel for the Respondent-Commission assures that the moment commission will receive the required document which is necessary for giving concurrence, the Respondent- Commission shall decide the issue of concurrence in view 2025:JHHC:11356 4 of the settled proposition of law and applicable rules and regulations. 5. Having regard to the aforesaid submissions of the counsels for the rival parties, the Respondent- University shall ensure that if the required document, as asked by the Commission, has not yet been sent, then the same shall be sent within a period of two weeks from the date of receipt of a copy of this order to the Respondent Commission. Thereafter, the Respondent-Commission should verify the document and pass an order regarding concurrence to the appointment and regularization of services of the Petitioner as Lecturer strictly in accordance with law and applicable rules and regulations within a further period of six weeks. 6. It is clarified that once concurrence for the post of the lecturer will be granted by the JPSC, his case for promotion to the post of Lecturer in the senior pay scale under career advancement scheme shall be done by the University and necessary recommendation shall be forwarded to the Respondent-Commission within a further period of ten weeks. Pursuant thereto, the Respondent Commission shall take a firm decision and pass a necessary order on the issue of grant of promotion of the petitioner under 2025:JHHC:11356 5 career advancement scheme for placement as lecture in the senior pay scale under the statute dated 23.09.1995 within a further period of ten weeks. 7. Consequently, the instant writ application stands disposed of in the manner indicated hereinabove. Pending I.A.s, if any, also stand closed. (Deepak Roshan, J.) Fahim/-