ARINDAM SINHA,J. - (1.) Petitioner served as Reader in Jadavpur University. There was career advancement Scheme (CAS) operating at that time. The Scheme provided for promotion on time scale. University had moved Higher Education Department for petitioner to get promotion. State had by memo dated 27th April, 2004 conveyed inadmissibility of promotion of petitioner to post of Professor under CAS citing University Grants Commission (UGC) letter dated 21st February, 2002. The University by its letter dated 20th August, 2004 notified the department that promotion of petitioner was recommended by duly constituted Screening Committee. Petitioner had fulfilled all requirements as per UGC guidelines for promotion under CAS. The date of effect of promotion under CAS for petitioner will be 27th July, 1998 was also notified.
(2.) Mr. Bari, learned advocate appeared on behalf of petitioner earlier and submitted, State by letter dated 27th September, 2007 expressed its inability to accede to proposal for retrospective promotion of petitioner under CAS. He submitted, promotion granted to his client could not be otherwise than under CAS. In granting promotion, the University and State cannot act against the Scheme. He sought interference.
(3.) Mr. Mukherjee, learned advocate, Additional Government Pleader appeared on behalf of State and raised objection to maintainability of the writ petition on the ground petitioner's claim was that of money as a consequence of retrospective promotion, if given. Such monetary claim stood barred by limitation. Today, he hands up his instructions from which following is extracted:- "Since the University authority being the sole authority to take the decision of any fixation of pay of any staff/employee, teaching or non-teaching, the State Government wanted implementation of the resolution under no. 27 dated 05/10/2005 and the University authority effected the promotion of Sri Sankar from 30/09/2000 i.e. the date of his normal retirement. With a view to understand the basis of fixing up the date of effect of promotion as 30/09/2000 as adopted by the University, the Law Officer of the Department vide his letter bearing memo no. 551/I.L.C dated 07/01/2014 requested the Registrar of the University to inform this Department the basis of considering 30/09/2000 as the date of effect for the said promotion".;