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W.P.(S)

No. 5049 of 2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 5049 of 2014

1.

Aruneshwar Jha

2.

Abhay Kant Choudhary

… Petitioners

-Versus-

1.

The State of Jharkhand through its Secretary, Human Resource

Development Department (Higher Education), Ranchi

2.

Ranchi University through its Vice Chancellor, Ranchi

3.

Registrar, Ranchi University, Ranchi

4.

Yogada Satsanga Mahavidyala through its Principal, Dhurwa, Ranchi

5.

University Grants Commission, New Delhi

6.

Binod Bihari Mahto Koylanchal University through its Registrar,

Dhanbad

7.

Bokaro Steel City College, Bokaro

… Respondents

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CORAM:

HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners

: Mr. Sushant Kumar, Advocate

For the State

: Mr. Om Prakash Tiwari, G.P.-III

For Ranchi University

: Mr. Anoop Kumar Mehta, Advocate

Mr. Manish Kumar, Advocate

For V.B. University

: Mrs. I. Sen Choudhary, Advocate

For the UGC

: Dr. Jai Prakash Gupta, Advocate

Ms. Mohini Gupta, Advocate

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13/03.02.2023

Heard learned counsel for the parties.

2.

This petition has been filed for quashing the office order dated

16.08.2014 issued by the Principal, Yogada Satsanga Mahavidyalaya, Ranchi

whereby the petitioner being Librarian has been ordered to be

superannuated after attaining the age of 60 years treating the petitioner to

be belonging to non teaching cadre.

3.

Learned counsel for the petitioners submits that the petitioners were

appointed on the post of Librarian. He further submits that the Government

of India issued statutory directions under the U.G.C. Act to the U.G.C. for

upgradation in salary and scales of Librarian and Instructor of Physical

Education by letter dated 15.12.1982 which forms part of the 4^th Pay

Revision Recommendations of the U.G.C. which was made effective w.e.f.

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W.P.(S)

No. 5049 of 2014

01.01.1986. He submits that the Government of Bihar, Department of

Human Resources Development vide letter dated 29.05.1992, the

Government took a decision that all the Assistant Librarian/College Librarian

and the Physical Training Instructor in colleges would be given the U.G.C.

Pay Scales provided that they possess the requisite qualifications under the

U.G.C. recommendations under the 4^th Pay Revision. He also submits that in

compliance of the directions of the Government of Bihar addressed to all the

Vice Chancellors of the various universities, Director (Higher Education),

Government of Bihar issued directions to all the Universities requesting

them to furnish particulars of the Assistant Librarian/College Librarian/

Physical Training Instructors functioning in the colleges for the purpose of

pay fixation and for grant of U.G.C. scale to them. He further submits that

the said scale has not been provided to the petitioners and they have been

treated as non-teaching staff whereas as per the provisions, they will be

treated as teaching staff.

4.

On the other hand, learned counsel for the State as well as U.G.C.

and Universities jointly submit that the petitioners have already been retired

on holding the post of Librarian. The petitioners have therefore challenged

the said notification alleging that they have been retired before the age of

retirement of teaching staff in the Universities in the State of Jharkhand in

view of the amendment carried out in the relevant portion of the Jharkhand

State Universities Act, 2000 Section 67 thereof. They further submit that

identical issue was decided by the coordinate Bench of this Court in W.P.(S)

No.988 of 2012 vide order dated 30.04.2014 and the said order was

affirmed by the Division Bench in L.P.A. No.215 of 2014 vide order dated

10.03.2015.

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W.P.(S)

No. 5049 of 2014

5.

The Amendment Act No. 5 of 2005 reads as follows:

“TO AMEND JHARKHAND STATE UNIVERSITY ACT, 2000

(Adopted)

Be it enacted in the fifty sixth year of the Republic of I