Bachan Pathak v. Chancellor of Ranchi University, Raj Bhawan, Ranchi
2011-06-27
POONAM SRIVASTAVA
body2011
DigiLaw.ai
ORDER Mrs. Poonam Srivastava, J. 1. The instant writ petition is preferred for a direction in the nature of mandamus to the respondents to grant approval of absorption of service of the petitioner and to grant him time bound promotion with all consequential benefits Including the monetary ones. 2. The claim of the petitioner is that he has been appointed as Lecturer in the department of Hindi on a sanctioned post in Women's College, Jamshedpur on 10th July, 1963 and despite putting in satisfactory service of 34 years, he has been retired on 30th September, 1977 without getting single promotion. 3. The service of the petitioner is yet to be regularised and the objection raised by the Ranchi University is that he has not been absorbed and regularised so far and therefore, he cannot claim time bound promotion with all consequential benefits. 4. Having heard the respective counsel at length evidently the petitioner has put in 34 years of service and claim of his regularisation or absorption was liable to be considered during the tenure of his service, but for the reasons best known to the University, nothing has been done and ultimately the petitioner retired from service of the University on attaining the age of superannuation. 5. It is brought to my notice that the Vice Chancellor has made recommendation to the Chancellor vide Annexure 7. It is also brought to my notice that in addition to the representation and the recommendations made by the Vice Chancellor, the Registrar. Ranchi University, forwarded to the Chancellor of the Universities, but the said representation is also pending before him. Copy of the representation is Annexure 5 to this writ petition. It is an admitted fact that the Chancellor has not taken any decision so far. 6. In this view of the matter, the Chancellor, being the Head of the Universities of the State, is to decide this question and pass appropriate order within the time frame fixed by this Court. In the circumstances, the petitioner is given liberty to file certified copy of this order along with pending copy of the representation before the office of the Chancellor as well as copy of the instant writ petition, who shall examine and dispose of the representation of the petitioner pending before him, after hearing the petitioner as well as other interested party and pass a final speaking order.
In the event, it is found that the petitioner is entitled for regularisation and there is no impediment in the way of being absorbed for regularisation, the Chancellor should pass appropriate order and the entitlement of the petitioner shall be accordingly calculated and granted to him. It is expected that the Chancellor should decided the petitioner's representation within eight weeks from the date of presentation of certified copy of this order. 7. With these observations and directions, this writ petition is disposed of. However, no order as to costs.