D.G.R. Patnaik, J. - (1.) HEARD the learned Counsel for the parties.
(2.) THE reliefs claimed by the petitioner, in this writ application are: (i) For a direction upon the Respondents to grant him promotion with effect from 18.01.1989, i.e. the date from which other persons junior to the petitioner in the Gradation list, were granted such promotions. (ii) For a direction to the Respondents to revise the pay -scale or the petitioner as per the recommendations of the Pay Revision Committee and fix his pay in the scale of Rs. 1500 -2750. (iii) To direct the Respondents to pay the petitioner his full salary for the period 08.10.1991 to December, 1995 after deducting the amount, which has been paid to him on the basis of the lower pay -scales. The facts of the petitioner's case in brief are as follows: The petitioner was initially appointed on Class IV post as a Night Guard under the Respondent No. 4 on 29.11.1976 and thereafter his services were regularized on the said post. Though the petitioner was a matriculate and was appointed as a Night Guard but the work of Clerk was also taken from him. The then Principal of the Jagannath Jain College, Jhumritelaiya vide Notification dated -02.05.1987, granted promotion to the petitioner from Class IV to Class III post as Lower Division Clerk. Such promotion, which was granted to the petitioner along with nine other Class IV employees was, however made subject to the approval of the University. Thus, from the date of his promotion, the petitioner has been working on the Class III post along with his oilier colleagues. Subsequent!}', a proposal was forwarded by the Principal to the Registrar of the Ranchi University for approving the promotion granted to the petitioner and to the other nine candidates. In pursuance to the recommendation of the Principal, the Ranchi University vide its Notification dated -18.01.1989 promoted five persons out of the ten recommended candidates. The petitioner's name though being at Serial No. 1 of the list of the recommended candidates, was excluded from the Notification. The petitioner thereafter, submitted his protest by way of a representation, claiming his promotion from the due date as granted to the others. The Principal of the College forwarded a second list by recommending the names of several candidates to the University for approval of their promotion and regularization of their services in Class III posts. Again the petitioner was denied approval of such promotion, whereas approval was granted to the other persons below the petitioner in the recommended list.
(3.) THE petitioner informs that under such compelling circumstances, he had filed a writ application vide C.W.J.C. No. 2356 of 1992 (R). The writ application was disposed of by this Court by order dated -19.08.1992 with a direction to the Vice -chancellor of the University to consider the petitioner's grievance and dispose of the same by a reasoned order. When despite the directions contained in the aforesaid order of this Court, no compliance was made by the Respondents, a contempt application was filed by the petitioner, numbered as M.J.C. No. 120 of 1993 (R). Upon the contempt application being filed, a Notification dated 18.08.1993, was later issued by the Respondents promoting the petitioner to the post of Routine Clerk on the pay -scale of Rs. 1200 -1800/ - with other admissible allowances as per the Rules of the University but made effective from 06.08.1993. The petitioner's grievance is that the promotion ought to have been given to him with effect from 1989 when his other colleagues were granted such promotion. His further grievance is that after his transfer to Singhbhum College at Chandil at West Singhbhum in 1981, he was never paid his salary on the ground that adequate funds were not available for payment of full salary.;