ORDER :

Deepak Roshan, J.

Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for absorption/regularization of the service of the petitioner in University service under Statute B.S.U.-25/85-283-GS(1), dated 29.01.1986 w.e.f. 11.08.1980 with all admissible benefits and arrears thereof.

3. The brief facts of the case is that the petitioner was duly appointed as lecturer in the department of English in the prescribed scale of Rs.700-1600/- with admissible allowances vide letter no. SC/Appointment/154(E) /80 dated 10.08.1980 and accordingly the petitioner joined on 11.08.1980 on the said sanctioned post. Subsequently, in the same year Sindri College was converted into a constituent unit of Ranchi University, Ranchi and with this petitioner’s service merged in the University service. Thereafter, the petitioner was transferred from Sindri College, Sindri to Marwari College, Ranchi vide memo No.B/3362-75 dated 06.07.1985. Thereafter, petitioner joined Marwari College, Ranchi as a lecturer, Department of English and the petitioner continuously worked without any break till her retirement on 31.08.2017. In the meantime, petitioner has completed two orientation courses in 1994 and 1998 and got Ph.D degree from Ranchi University in 1999. Thereafter, she again attended one refresher course in 2002. She also served as Hostel Superintendent, P.G. Girls Hostel from 02.01.1991 to 1995.

The further case of the petitioner is that a Statute, being Statute of 1986, known as ‘Statute for regularization of services of temporary Lecturers who were appointed on or before 28.02.1982, was approved by the Hon’ble Chancellor of Ranchi University on 29.01.1986 and, thereafter, Screening Committee was constituted by Ranchi University for regularization of teachers for the newly taken-over Constituent Colleges. However, unfortunately, the candidature of the Petitioner was not placed before the Screening Committee with relevant documents and details. However, the services of other similarly situated persons with that of the Petitioner were regularized and absorbed pursuant to the Statute of 1986.

The further case of the petitioner is that the Petitioner was regularly performing her duties of Lecturer at Marwari College, which has become a Constituent College of Ranchi University, and was regularly paid her salary in the pay scale, which was 4th revised U.G.C. payscale, of Rs. 2000-4000/-. Thereafter vide memo No.B/6717 dated 21.04.2001, and Vide memo No.B/310/09 dated 18.04.2009, respondent University requested the authority like Secretary HRD, Department, Govt. of Jharkhand and OSD (J) Governor Secretariat, Jharkhand for nomination of Government Member in the Screening Committee and expediting the matter of absorption/regularization of the services of left out temporary teachers due to procedural delay. During that period, the Chancellor Secretariat Vide D.O Letter No. 495/PSG dated 17.04.2001 and No.G.S/1576/12 dated 02.05.2012 also took certain steps for nomination of Govt. Member to the Screening Committee and convening of the meeting of the said Committee for absorption /regularization of the temporary teachers.

4. Mr. A. K. Sahani, learned counsel for the petitioner submits that the issue involved in the instant writ application is no longer res integra and has already been settled by the decision of the Hon’ble Apex Court in the case of State of Bihar & Ors. –Vs- Bihar Rajya M.S.E.S.K.K. Mahasangh & Ors as reported in (2005) 9 SCC 129. In the said case, the Hon’ble Supreme Court was considering the interpretation of the provisions contained under Section 4(1)(14) read with Section 35 and Section 57- A of the Bihar Universities Act, 1976 (as adopted). In the said decision, the Hon’ble Apex Court has held that in the matter pertaining to absorption of existing staff appointed against sanctioned vacant post in affiliated colleges, which have been taken-over and converted into co