SUMAN K SHRIVASTAVA
Ranchi, Feb 3: In a significant judgment delivering final relief to university teachers, the Jharkhand High Court has dismissed the Jharkhand government’s Letters Patent Appeal (LPA), thereby upholding teachers’ right to receive full monetary benefits and arrears under UGC regulations. With the appeal rejected, the earlier Single Bench ruling in favour of teachers has now attained finality.
The Division Bench, headed by Chief Justice M S Sonak and Justice Rajesh Shankar, refused to condone a delay of 303 days in filing the appeal and held that administrative lethargy cannot be a valid ground to deny lawful benefits to teachers.
Dispute Over Pay Benefits Under Career Advancement Scheme
The case relates to teachers of Siddhu Kanhu Murmu University, who had challenged a condition introduced by the state government in a statute notified on December 15, 2022. That condition stated that although promotions under the Career Advancement Scheme would operate retrospectively, actual financial benefits would be paid only from the date of notification.
The teachers argued that this restriction was illegal and contrary to UGC Regulations, 2010, which provide for time-bound pay progression once eligibility criteria are fulfilled.
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What the Single Bench Had Ruled
In its judgment dated May 17, 2024, the Single Bench of Justice Deepak Roshan accepted the teachers’ plea and struck down Clause 1.3 of the 2022 statute. The court held that the state government could not deny monetary benefits by taking advantage of its own delay in framing promotion statutes.
The Single Bench ruled that the impugned clause was arbitrary and violative of Article 14 of the Constitution, and directed the authorities to grant monetary benefits to the petitioners from their respective due dates of entitlement under UGC norms.
Government Appeal Rejected on Grounds of Delay
Instead of implementing the order, the state government filed an LPA after a delay of more than ten months. When the matter came before the Division Bench, the government attributed the delay to the movement of files across various departments.
The High Court rejected this explanation, observing that mere internal file movement and bureaucratic procedures cannot justify such an inordinate delay. Relying on multiple Supreme Court judgments, the court reiterated that the law of limitation applies equally to the government and private litigants.
Teachers Cannot Be Made to Wait Indefinitely: Court
The Division Bench observed that teachers, who had already succeeded before the Single Bench, cannot be forced to wait indefinitely for the fruits of a judicial order. The court noted that allowing such delayed appeals would cause serious prejudice and undermine the principle of finality in litigation.
With the dismissal of the appeal, the High Court made it clear that the state authorities are now bound to comply with the Single Bench judgment and release all due monetary benefits.
Wider Impact Across Universities
The ruling is expected to benefit similarly placed university teachers across Jharkhand who have been facing delays in promotions and financial benefits due to prolonged administrative inaction.