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2000 DIGILAW 725 (PAT)

Chandeshwar Pd. Singh v. State Of Bihar

2000-05-16

SUDHANSU JYOTI MUKHOPADHAYA

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Judgment 1. The petitioner initially challenged the Notification, contained in Memo No. 61 dated 20th February, 1997, whereby and whereunder, while granting time bound promotion to petitioner against the post of Professor, the date has been shifted forward to 7th October, 1988. 2. According to the petitioner, he having completed 16 years of service as on 1st February, 1985 become eligible for time bound promotion to the post of University Professor. It was submitted that one Madan Mohan Jha having registered for Ph.D. Degree on 1st February, 1986, the petitioner should be deemed to have acquired requisite qualification for availing the opportunity of promotion at least from the date of registration of the said candidate i.e. 1 st February, 1986. The Magadh University earlier provided such benefit with effect from 1.2.1986 and fixed the salary vide order dated 4th June, 1992. However, when the matter was placed before the Bihar State University (Constituent Colleges) Service Commission, the date of promotion has been shifted forward to 7th October, 1988 instead of 1st February, 1986 as was allowed by the University, vide impugned notification dated 20th February, 1997. 3. Today when the case was taken up, the counsel for the University submitted that the case of the petitioner was reconsidered by the Commission in the light of the decision of this Court, as referred by the petitioner in the case of Dr. Kalpnath Singh and ors. (CWJC 2014/97), disposed of on 30th September, 1997. On such reconsideration, the petitioner has now been granted promotion as Professor with effect from 1st February 86. vide Universitys Notification No. 5577/96/189/ GIA dated 8th May, 2000. 4. The counsel for the University submitted that the petitioner having granted relief, as sought for, the writ petition having become infructuous. 5. At this stage, the counsel for the petitioner submitted that the petitioner should have been allowed promotion from 1st February, 1985 and also relied on decision of this Court in the case of Bihar State University (Constituent Colleges) Service Commission and anr. as reported in 1999 (1) PLJR 436. However, such plea cannot be accepted as the petitioner never raised objection when the University granted him promotion with effect from 1st February, 1986 and always remained satisfied. 6. as reported in 1999 (1) PLJR 436. However, such plea cannot be accepted as the petitioner never raised objection when the University granted him promotion with effect from 1st February, 1986 and always remained satisfied. 6. In the present case also, main plea taken for promotion of petitioner with effect from 1.12.86 (sic) and casual prayer made for his promotion with effect from 1st February, 1985. 7. This apart, the petitioner having allowed benefit of promotion from the date of registration of the students (1st February, 1986), I find that the order has been issued in consonance with the decision as laid down by this Court in the case of B.S. University (Constituent Colleges) Service Commission (supra) and the decision of this Court in the case of Dr. Kalpnath Singh and ors. (supra). 8. So far as arrear of salary is concerned, now the petitioner may approach the University who will decide the issue in accordance with law. 9. The writ petition stands disposed of with the aforesaid observations.