Sujit Narayan Prasad, J. - (1.) The instant intra-court appeal has been filed under clause 10 of the Letters Patent against the order/judgment dated 09.08.2019 passed in W.P. (S) No. 5770 of 2017, whereby and whereunder, order dated 09.08.2017 issued by the Registrar, Ranchi University, Ranchi regarding non-acceptance of joining of the writ petitioner- respondent no.-1 on the ground of expiry of the lien, has been held to be not sustainable in the eyes of law and accordingly has been quashed and set aside and respondent-Ranchi University has been directed to accept the joining of the petitioner to the post of Reader (now Associate Professor) in Political Science under Ranchi University, Ranchi along with all consequential benefits in accordance with law, within a period of two months from the date of receipt/production of copy of that order.
(2.) The brief facts of the case, which require to be enumerated herein for proper adjudication of the lis, are hereunder as: The writ petitioner-respondent no.-1 was initially appointed as Lecturer (Political Science) in Ranchi College, Ranchi, a constituent college under Ranchi University, Ranchi on the recommendation made by the erstwhile University Selection Committee of the Universities and thereafter, he was granted promotion to the post of Reader (Political Science) w.e.f. 02.11.1986. During the relevant period, the erstwhile Bihar State University (Constituent Colleges) Service Commission, Patna invited applications from eligible candidates for appointment to the post of Registrar in different Universities within the State of Bihar and the writ petitioner-respondent no.-1 having fulfilled all the requisite criteria had applied for the said post and on going through the selection process, his name was recommended for appointment as against the post of Registrar in Veer Kunwar Singh University, Ara, which was communicated to the writ petitioner-respondent no.-1 by the University vide letter dated 19.03.2002. Thereafter, the writ petitioner-respondent no.-1 applied for extraordinary leave without pay with lien before Ranchi University, Ranchi and vide notification dated 03.04.2002 lien for a period of two years was granted to the writ petitioner-respondent no.-1 enabling him to join the post of Registrar under Veer Kunwar Singh University, Ara. Pursuant thereto, the writ petitioner-respondent no.-1 submitted his joining on 15.04.2002, which was duly accepted by the concerned authorities of the said University. The writ petitioner-respondent no.-1 had again made an application, after completion of period of two years from the date of his joining before the Ranchi University, Ranchi, for extension of leave with lien and in response thereof, his lien with leave was extended from time to time and lastly vide notification dated 09.05.2006 the Ranchi University, Ranchi extended the leave with lien for a further period of one year w.e.f. 15.04.2006. The writ petitioner-respondent no.-1, after serving some period in Veer Kunwar Singh University, Ara was transferred to L.N. Mithila University, Darbhanga where he continued to serve as Registrar from April, 2003 to 21.11.2007. He was transferred to discharge his duties as Registrar, B.N. Mandal University, Madhepura for the period 23.11.2007 to 31.07.2011. Thereafter, the writ petitioner-respondent no.-1 was appointed as Pro Vice- Chancellor of L.N. Mithila University, Darbhanga on 01.08.2011 and there from, he joined as Pro Vice-Chancellor, T.N.B. University, Bhagalpur and again transferred as Pro Vice-Chancellor, Veer Kunwar Singh University, Ara as also discharged duties as In- charge Vice-Chancellor. He was, then, appointed as Vice-Chancellor, Bhim Rao Ambedkar University, Bihar but on account of cancellation of the said appointment order, he was repatriated to the post of Registrar, B.N. Mandal University, Madhepura on 29.12.2013. It is the case of the writ petitioner-respondent no.-1, despite his initial appointment having been made on temporary basis against the post of Registrar way back in the year 2002, his services was not confirmed, he made representation on 13.06.2017 before the Registrar, Ranchi University for allowing him to join against his parent post of Reader (Political Science) but terminating his lien granted to him in April, 2002, his representation was rejected by the authorities of the Ranchi University vide letter dated 09.08.2017 refusing to accept his joining to the parent post on the ground that his lien had already expired on 14.04.2007.
(3.) Assailing the said order dated 09.08.2017, writ petition, being W.P. (S) No. 5770 of 2017, had been filed by the writ petitioner- respondent no.-1, which stood allowed vide order dated 09.08.2019 and is the subject matter of the present intra-court appeal.;