VINDHYESHWARI RAM Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to add the Nilamber Pitamber University, Daltonganj, through its Vice-Chancellor and Registrar, Nilamber Pitamber University, Daltonganj, as party respondent nos.4 and 5 in this case.

(2.) Heard the learned counsel for the parties and with their consent this writ application is being disposed of at this stage itself. The petitioner retired from service on 31.07.2003 when he was holding the substantive post of grade IV. The claim of the petitioner is that since for a certain period he was given the charge of Store keeper and he was discharging his duties of grade III post and, therefore, he should have been absorbed in Class III post with effect from 15.1.1991 the date on which he was given the charge of Store Keeper and he should also be paid salary for the period he discharged the duties of store keeper. His further prayer is that he be regularized in Class IV post with effect from 1.8.1993 the date on which his juniors were absorbed on the said post. The petitioner claims that he was appointed on 1.1.1982 in grade IV, whereas some other persons, who were appointed subsequently, have been regularized in grade IV with effect from 01.08.1993 ignoring the claim of the petitioner.

(3.) After hearing the parties at length, I hold that the claim of the petitioner for absorption in Class III post cannot be entertained, since the petitioner was admittedly appointed in grade IV post and he continued on the said post till the date of his retirement. Therefore, only on the basis, that he discharged '[the duties of a store keeper for certain period does not mean that any right accrued to the petitioner to claim for his absorption in grade III post and, therefore, his claim for absorption in grade III post is hereby rejected.