IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Sheikh Basarat, son of Late Sk. Amir Ali – Petitioner
Versus
The State of Jharkhand, through the Secretary, Human Resources Development Department – Respondent
W.P. (S) No. 7491 of 2013
Decided On : 27-01-2026
| Table of Content |
|---|
| 1. writ application for salary and pay scale approval. (Para 1) |
| 2. establishment of factual background regarding appointment and absorption. (Para 2 , 3 , 4 , 6 , 8) |
| 3. legal proceedings regarding commission for teachers' absorption. (Para 9 , 10 , 11) |
| 4. consideration of claims before justice s.b. sinha commission. (Para 12 , 19 , 22) |
| 5. arguments regarding the validity of absorption orders. (Para 14 , 15 , 16 , 17 , 18) |
| 6. respondent's acknowledgment of prior absorption. (Para 20) |
| 7. court's analysis of absorption order's finality and implications. (Para 24 , 25 , 28 , 30) |
| 8. ensuring compliance with court's direction and order for benefits. (Para 26 , 27 , 29 , 31) |
| 9. court's stance on absorbing respondent nos. 4 and 5. (Para 32 , 33 , 34) |
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel or the parties.
1. The instant writ application has been preferred by the petitioner for the following reliefs:-
(a) For issuance of an appropriate writ, order or direction, including Writ of Mandamus, directing and commanding upon the respondents, particularly Respondent Nos. 1 and 2, to forthwith grant approval of the pay scale of the petitioner in University Grant Commission (for short ‘UGC’) revised pay scale in the grade of Lecturer being pay-scale of Rs. 8000-13500/- pursuant to the 5th Pay Revision Committee’s Report with effect from 1.1.1996, specially because the service of the Petitioner has been absorbed pursuant to the direction of the Hon’ble Supreme Court by the Ranchi University and also because Ranchi University had already made recommendation for grant of approval of the revised pay-scale of the Petitioner;
(b) For issuance of further appropriate writ, order or direction, including the Writ of Mandamus, directing and commanding upon the respondents to consequently approve and pay the salary to the petitioner in the 6th Revised U.G.C. Pay Scale with effect from the date when persons similarly situated to that of the Petitioner has been given the benefit of 6th Revised U.G.C. Pay Scale;
(c) For issuance of further appropriate writ, order or direction, including the writ of mandamus, directing and commanding upon the Respondent-university to pay arrears of salary to the petitioner according to revised pay scale along with interest @ 18% per annum;
(d) For issuance of further appropriate writ, order, or direction, directing the respondents not arbitrarily discriminate the petitioner from other similarly situated persons, whose services were absorbed in the same college in which the Petitioner is working; and
(e) For any other relief or reliefs for which the petitioner is legally entitled in the facts and circumstances of the case.
(f) For issuance of an appropriate writ/order/direction for quashing/ setting aside the Notification bearing Memo No. B/187/18 dated 23.03.2018 (Annexure- 18) whereby absorption of services of the petitioner has been stayed by the Respondent-Ranchi University.
(g) For issuance of further appropriate writ/order/direction for quashing the Notification bearing Memo No. B/186/18 dated 23.03.2018 (Annexure-19) services of Bhagesh Chandra Verma and Smt. Nirmala Prasad have been absorbed by Respondent-Ranchi University on the post of Lecturer in the Subject of Political Science.
(h) For issuance of further appropriate writ/order/direction, including Writ of Certiorari, for quashing/ setting aside the order dated 28.02.2015 passed by Hon'ble Mr. Justice S.B. Sinha (Retd.) Commission, wherein said Commission has been pleased to allow the claim of Bagesh Chandra Verma (Respondent No.4) and has directed his service to be absorbed from the date of his joining i.e. 02.07.1985, and, further direction has been issued to absorb the services of Smt. Nirmala Prasad (Respondent No.5) on the post which has fallen vacant due to leaving of the College by Dr. S.N. Thakur with effect from30.11.1996."
FACTUAL MATRIX
2. Petitioner, pursuant to an advertisement issued by Governing Body of Mandar College, Mandar, was appointed on th
State of Bihar & Ors. vs. Bihar Rajya M.S.E.S.K.K. Mahasangh
Finality of administrative decisions in educational governance ensures adherence to past judgments regarding teacher absorption without arbitrary delays or changes.
Eligibility for absorption and pay revisions requires documented qualifications and adherence to procedural norms; claims without proper recommendations or evidence are unvalid.
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
The main legal point established in the judgment is the exclusive power and jurisdiction of the University in the matter of absorption of staff of constituent colleges, as provided in Section 4(1)(14....
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.
An employee's service cannot be deemed broken due to the employer's failure to absorb them properly, violating natural justice principles; service must be counted for pension and related benefits.
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