Jharkhand State legal Services Authority (JHAlSA) Executive Chairman Justice D N Patel on Saturday asked the Higher & Technical Education Department to take a decision over all such cases in which the issue involved has reached its finality and there is no appeal pending in the Supreme Court.
Holding a brainstorming session with the Higher and Technical Education (HTE) Minister Neera Yadav, Academic Advisor to Governor Anand Bhushan, HTE Secretary Ajoy Kumar Singh, host of senior officers, representatives of various universities and senior lawyers as a preparation for a special lok Adalat, likely to be held in September, Justice Patel said such a step will resolve at least 400 cases at one stroke.
Stressing on the importance of lok Adalat in delivering speedy justice to the underprivileged, he pointed out that the Jharkhand High Court delivered a judgment in which it was said that the State Government can’t deny post retirement benefits to the kin of deceased university teachers on the grounds that the post he or she held was not sanctioned by the Government. “This argument will no longer hold water as the high court gave its final ruling some six months back and the government has not challenged the order in the apex court,” he added.
Maintaining that the first two special lok Adalats held in 2012 to deal with university cases have been a runaway success, he pointed out that the cases mainly involved promotion, arrears of salary, dismissal, increment etc.
Around 300 cases concerning various universities are pending in the High Court. Besides, at least 100 contempt cases against the Government are pending in this regard.
He also lauded the education department for releasing funds to various universities to pay pension, arrears etc after a meeting in June with Governor Droupadi Murmu alongwith Education department officials and vice chancellors of all the universities in this regard.
Notably, the Department has released Rs58 crore for Vinoba Bhave University, Rs10 crore for Ranchi University to pay the outstanding dues of the retired employees and teachers. He expressed hope that the Government will release funds for the other universities too.
Former Chief Secretary Ashok Kumar Singh, who practices law in the High Court, pointed out that there is need to go for regular appointment of principals in affiliated colleges in order to reduce the litigations. “Also, there is a need to take a decision over payment of dues during the Bihar days,” he added.
He said that non-teaching staffs should be appointed through Subordinate Service Commission, and added that the system of adhoc appointments in all categories should be immediately abolished in order to stop the generation of cases against the Government.
The Higher and Technical Education Secretary assured the JHAlSA that he will dispose of all the pending 200 cases within three weeks’ time. He pointed that the government will require at least Rs400 crore to comply with the High Court’s order on post-retirement and other benefits to the teaching and non-teaching staff, who worked on unsanctioned posts. “It will require a major policy decision by the Government,” he pointed out.
Singh said that the department has sought the opinion of the Advocate General to chalk out its future course of action. He also assured that the department will release funds for settling other claims, including pay fixation arrears once it gets requisite funds from the Central Government.
Minister Neera Yadav also lauded the JHAlSA step for resolving the education cases through lok Adalat, and assured all help to the universities in this case.