PRASHANT KUMAR, J. - (1.) IN this writ application, petitioner prayed for quashing of memo no. B/8039 -58/96 dated 17.5.1996 ( Annexure -8), whereby respondent no. 5 has been promoted to the post of Reader in the Department of History w.e.f. 03.01.1987 under eight Years Merit -Promotion Statute.
(2.) IT is stated that respondent no.5 was initially appointed on the post of temporary teacher for six months on 01.01.1979 vide Annexure -2. It is then stated that latter on Bihar Universities Act has been amended and as per amended provision syndicate can appoint a teacher on the recommendation of University Selection Committee. It is stated that on 30.8.1981, the University Selection Committee recommended the names of petitioner and respondent no.5 and others vide Annexure -5 for appointment on the post of lecturer. In the said panel name of petitioner found place at serial no.1, whereas name of respondent no.5 is at serial no. 6. It is stated that as per recommendation of Selection Committee, the University issued notification appointing petitioner and respondent no.5 on 04.12.1981. In the said notification ( Annexure -6) name of petitioner found place at serial no. 1, whereas name of respondent no.5 is at serial no.6. Thus, it is clear that petitioner is senior to respondent no.5, which also notified by Registrar of the Ranchi University by issuance of Annexure -9. It is further stated that inspite of aforesaid factual position respondent -University promoted respondent no.5 with effect from 03.1.1987 under 8 Years Merit Promotion Statute. It is stated that initial appointment of respondent no.5 was only for six months. Thus, his service stood terminated on completion of six months. Accordingly, it is submitted that Respondent no.5 is not in continuous service from 1979. It is stated that from the date of regular appointment i.e. 04.12.1981 respondent no.5 had not completed 8 years of service, thus, he can not be promoted under eight years Merit Promotion Statute. Accordingly, it is stated that order of promotion of petitioner with effect from 03.1.1987 cannot be sustained. A counter affidavit filed by respondent no.5 wherein he stated that he has been appointed by University on temporary basis and his appointment continued uninterrupted under the order of University till he was permanently absorbed by Annexure -6 on the recommendation of University Selection Committee. It is further stated that respondent no.5 is in continuous service of University from 03.01.1979. It is stated that his service remain temporary from 3rd January, 1979 to 3rd December, 1981 and, thereafter, he became permanent from 04.12.1981. It is stated that thus respondent no.5 had completed more than 8 years of service in the University on 03.1.1987 thus, he has been rightly promoted under the provision of eight years Merit Promotion Statute. It is further stated that as per aforesaid Statute a lecturer is entitled for consideration for promotion on the post of Reader if he completed 8 years of continuous service as lecturer and have outstanding work in the field of teaching and research. It is stated that respondent no.5 besides having 8 years continuous service as lecturer had obtained Ph.D. degree in 1985. It is further stated that he wrote one book and his three research papers published in different journals. It is stated that considering the aforesaid merit of respondent no.5 College Service Commission has given concurrence to promote respondent no.5 with effect from 03.01.1987. Thus, promotion of respondent no.5 is in accordance with law. It is stated that since petitioner obtained Ph.D. degree on 01.12.1989, therefore, he has been promoted with effect from 01.12.1989.
(3.) COLLEGE Service Commission has also filed counter affidavit, wherein it is stated that University while recommending the case of respondent no.5 had stated that respondent no.5 is in continuous service from 03.1.1979 and accordingly he has been promoted from 03.01.1987. It is stated that Commission after considering the document gave its concurrence on the promotion of respondent no.5 under 8 years Merit Promotion Statutes. It is further stated that since petitioner did not produce evidence of outstanding work prior to 01.12.1989, therefore. Commission accepted recommendation of Ranchi University and granted concurrence on the promotion of petitioner with effect from 01.12.1989.;