Judgment 1. The writ petition was initially preferred by petitioner for shifting back his date of promotion as Professor from 5th September, 1988 to 1st February, 1985 and shifting forward the date of promotion of 5th Respondent Nagendra Nath Sinha from 22nd November, 1985 to 9th October, 1989. 2. Indirectly, while the petitioner challenged the promotion of 5th Respondent as Professor made, as back as in 1989, also challenged the Notification dated 28th November, 1997, whereby the 5th Respondent was made Head of the Department. 3. During the pendency of the writ petition, the 5th Respondent retired from service and petitioner is stated to have been made the Head of the Department of Physics in the College. 4. In view of such development, when the case was taken up, the counsel for the petitioner submitted that he is not interested for getting any order against the 5th Respondent, having made Head of the Department, on retirement of the 5th Respondent and pressed his application for direction on the Respondents to shift back the date of promotion as University Professor from 5th September, 1988 to 1st February, 1985. 5. Reliance has been placed on a decision of Supreme Court in the case of State of Bihar V/s. Dr. Braj Kumar Mishra and others, reported in 1999 A.I.R. S.C.W. 4065. 6. According to the learned Senior counsel for the Commission, the cases of petitioner and 5th Respondent were forwarded by the University for promotion as Professor on the basis of 25 years Scheme. The case of petitioner was never forwarded by University for consideration of his case under 16 years Scheme. 7. In the facts and circumstances, as the aforesaid issue cannot be determined at this stage, I give liberty to petitioner to move before the University. If on representation, the University finds that the petitioner was entitled for consideration of his case for promotion as Professor on the basis of 16 years Scheme, from an earlier date, they may make appropriate recommendation to the Commission in this respect, to shift back the date of promotion. 8. If any such representation is made, the University will pass appropriate order, in accordance with law, within two months. 9. In case the matter is forwarded to the Commission, it is expected that the same will be disposed of from their end within three months thereof. 10. 8. If any such representation is made, the University will pass appropriate order, in accordance with law, within two months. 9. In case the matter is forwarded to the Commission, it is expected that the same will be disposed of from their end within three months thereof. 10. However, such promotion, if granted, will not affect the 5th Respondent in any manner. 11. The writ petition stands disposed of with the aforesaid observations and directions. 12. Let a copy of this order be handed over to the counsel for the Commission.