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2022 Supreme(Jhk) 576

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SUBHASH CHAND, JJ.
State of Jharkhand through the Secretary, Higher & Technical Education Department, Government of Jharkhand & Ors. - Appellants
Versus
Unmilika Das, W/o. Sri Ashok Kumar Das & Ors. - Respondents
L.P.A. No. 141 of 2019 With I.A. No. 1721 of 2019 With L.P.A. No. 109 of 2019 With I.A. No. 2106 of 2019 With L.P.A. No. 111 of 2019 With I.A. No. 2107 of 2019 With L.P.A. No. 113 of 2019 With I.A. No. 2108 of 2019
Decided On : 05-01-2023

Advocates Appeared:
For the Appellant : Mrs. Darshanna Poddar Mishra.
For the Respondents: Ms. Omiya Anusha AC to AAG-I, Mr. Shivam Singh, Mr. Madhu Priya, Mr. Manoj Tandon.

Headnote:(A) Jharkhand State University Act, 2000 - Sections 10(17), 35(2), and 57(5) - Writ petitioners, appointed as ad-hoc lecturers, claimed salary based on minimum pay scale - Court upheld minimum pay claim stating non-payment of minimum scale despite service was unfair - State's appeals against this ruling were dismissed as they were found to lack jurisdictional basis and were filed under coercion from state authorities. (Paras 4, 48)

Facts of the case:
The writ petitioners were appointed as lecturers in 1982 and had faced several terminations. They were continuously employed through various court orders and sought pay at the minimum scale as established under UGC guidelines, due to the nature of their work. (Paras 4, 29)

Findings of Court:
The court affirmed the right of the writ petitioners to receive minimum pay based on the principles of equal pay for equal work, despite their appointments being deemed illegal. (Paras 36, 48)

Issues: The main issues included whether the petitioners could be granted pay for minimum scale given their appointments were earlier deemed illegal and whether the appeals from the state and university were valid considering the coercive pressure under which they were filed. (Paras 36, 49)

Ratio Decidendi: The court established that individuals performing similar work entitled them to minimum pay, and that directives from the Department of Higher Education were found to be without lawful authority and constituted undue interference in university operations. (Paras 39, 50)

Result: Appeals dismissed.

Table of Content
1. common appeal against multiple orders. (Para 1 , 2 , 3)
2. factual background of writ petitioners' service history. (Para 4)
3. universities are compelled to appeal under state pressure. (Para 5 , 19)
4. arguments concerning entitlement to pay despite illegal appointments. (Para 12 , 25 , 28)
5. minimum pay entitlement established under case law. (Para 38 , 46)
6. final dismissal of appeals and noting jurisdictional overreach. (Para 48 , 50)

JUDGMENT :

Sujit Narayan Prasad, J.

1. All these appeals have been directed to be listed together as would appear from the order dated 07.03.2019 since common order is under challenge.

2. L.P.A. No. 141 of 2019 has been preferred by the State while L.P.A. Nos.109 of 2019; 111 of 2019 and; 113 of 2019 have been preferred by the Sido Kanhu Murmu University.

3. These intra court appeals under Clause 10 of the Letters Patent are directed against the order/judgment dated 08.05.2017 passed by learned Single Judge of this Court in W.P.(S) No.3893 of 2016 and other analogous matters, whereby and whereunder, the claim of the writ petitioners for regularization as was rejected vide order dated 08.04.2016, has been refused to be interfered with but a direction has been passed upon the respondent concerned that till the regular appointments are made, the writ petitioners shall not be removed from their post and if, disengaged by virtue of order dated 04.05.2012, they shall be continued in service.

Apart from that, the writ petitioners have been directed to be paid minimum of pay scale of lecturer as approved by the UGC.

4. The brief facts of the case as per the pleading made in the writ petitions required to be enumerated, read as under:

The writ petitioners were appointed as teachers on 15.03.1982 and 01.07.1982 respectively and have been working on the said posts with other regular lecturers.

It is the case of the writ petitioners that the Vice-Chancellor of Bhagalpur University wrote a letter bearing letter no. 7677 dated 15/30.04.1985 to the Department of Human Resources for sanction of posts in faculty of the College. The Bhagalpur University constituted a team for inspection of the college for creation of the additional posts in the science faculty and inspection was executed on 23.06.1987 and report was submitted to the State Government on 21.11.1987.. In the said inspection report, the name of the writ petitioners figures as lecturer in the Department of Botony and Department of Statistics respectively.

When services of the petitioners and other ad-hoc appointees were disengaged, they approached the High Court of Patna and the matter finally travelled to the Hon’ble Supreme Court in S.L.P. (C) No. 11078 of 1989. The Special Leave Petition and batch of writ petitions were heard together and disposed of by an order dated 06.12.1989, which was modified by an order dated 15.01.1990. Pursuant to the order passed by the Supreme Court, the petitioners resumed their duties on 15.09.1990 as communicated through letter bearing No. B/4931-5005 issued by the Bhagalpur University.

Thereafter, in the year 1992 the Bhagalpur University bifurcated and another University, namely, Sido Kanhu Murmu University, Dumka was formed and A.S. College, Deoghar was placed under Sido Kanhu Murmu University, Dumka.

Again, petitioners' services were terminated vide letter dated 25.09.1997. A writ petition being C.W.J.C. No. 10128 of 1997 was filed by one of the similarly situated appointees, namely, Sri Nikudimus Tudu and the writ petition was allowed quashing the termination vide order dated 10.05.1999 and thereafter, the petitioners also approached the writ Court in C.W.J.C. No. 3916 of 2000. By an order dated 05.07.2000, writ petition filed by the petitioners was allowed and consequently, they were continued in service.

The University sent a letter dated 04.09.2002 to the Department of Human Resources Development, Government of Jharkhand for creation of posts of teachers. Thereafter, on 01.04.2003, the State Government

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