The court ruled that the confirmation of a lecturer's absorption in an improper department is illegal, emphasizing the need for adherence to lawful procedures in educational employment.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner for the following reliefs:

1. For issuance of an appropriate writ/writs, order/orders, direction/or a direction in the nature of mandamus commanding upon the respondents to confirm the absorption made by the Ranchi University after due diligence and verification of the records in the Department of Sociology and therefore to hold that non-acceptance by the State is not legal and valid.

II. To hold and declare that the claim of the petitioner in the light of order passed by the Hon'ble Apex Court of India in Civil Appeal No. 2703/17 read with the order passed in SLP No. 12591/2010, the claim of the petitioner can be adjudicated and if found genuine petitioner is entitled for confirmation of the absorption in the Department of Sociology and not in History.

III. To hold and declare that the absorption of the petitioner already declared by the University under section 4 (1) (14) under the Jharkhand Universities Act is genuine, legal and valid and be confirmed by the State Government.

IV. For issuance of an appropriate writ/order/direction directing the Respondents, particularly Respondent No.1 to forthwith grant approval to the revised pay-scale of the petitioner in 5th University Grant Commission (hereinafter referred as U.G.C.) revised pay-scale in the grade of Lecturer, being pay-scale of Rs.8000-13,500/- w.e.f. 01.01.1996 and 6th revised U.G.C. pay- scale with effect from 01.01.2006 i.e., date from which similarly situated persons to that of the petitioner have been given the benefit of 6th revised U.G.C. pay-scale.

V. For issuance of further appropriate writ/order/direction, including writ of mandamus, directing and commanding upon Respondents No.4 Nilambar Pitambar University to pay arrears of salary to the petitioner according to revised U.G.C. pay-scale along with the interest @ 18% per annum.

VI. For issuance of further appropriate writ/order/direction, including writ of declaration, declaring that dismissal of the claim of the petitioner vide order dated 08.05.2015 (Annexure-8) passed by Hon'ble Mr. Justice S.B. Sinha (Retd.) Commission, New Delhi shall not adversely affect the case of the petitioner in the matter of payment of 5th and 6th revised U.G.C. pay-scale, especially because services of the petitioner have already been absorbed and also especially in view of the fact that the Petitioner, till today, has been discharging his duties under the Respondent-University.

VII. For issuance of any other appropriate writ(s)/order(s)/direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case.

3. The brief facts of the case as per the pleadings are as follows:

(i) The petitioner was appointed as a Lecturer in the Department of Sociology in Shri Sadguru Jagit Singh Namdhari College, Garhwa, on 12.02.1987. Thereafter, the said College which was earlier affiliated to Ranchi University, was converted into a constituent college of Ranchi University w.e.f. 30.04.1988 pursuant to a Bihar Government decision.

(ii) Disputes arose regarding absorption of teachers in converted constituent colleges, including those against sanctioned posts or posts recommended by the University to the State Government. Pursuant to the order passed by the Patna High Court in CWJC No. 4021 of 1995, the services of the petitioner were regularized/absorbed by the Ranchi University vide notification dated 06.10.1998.

(iii) Thereafter, the matter of absorption of teachers of newly converted constituent colleges was ex