TAPEN SEN, J. - (1.) HEARD the parties.
(2.) THE petitioner, an Assistant Professor, having been promoted on 5.7.1983, is aggrieved by the inaction on the part of the respondents in not confirming the status of Associate Professor upon him with effect from 4.9.1983. The petitioner was appointed as a Tutor in Bio -chemistry on 3.9.1977, in the Mahatma Gandhi Memorial Medical College, Jamshedpur (commonly referred as the M.G.M. College). At the time of his appointment he was a Post Graduate Degree holder in Bio -Chemistry. On 23.1.1979, the Department of Health, Government of Bihar, by Annexure I took a decision to truncate the post of lecturer into two, the first of which became known as Assistant Professor (Junior Grade) and the second came to be known Associate Professor (Senior Grade). At paragraphs 6 and 7, the petitioner has stated that at the relevant time, the requisite criteria for being promoted on the Junior Grade of Assistant Professor was that the candidate should have at least 6 (six) points - -(i.e. 3 points for a Post Graduate Degree and 3 points for 3 years experience as a Tutor - -One point for each year). For being promoted to the Senior Grade of Association Professor, 9 (nine) points were required (3 points for Post Graduate Degree and 6 points for six years experience as Tutor - -I point for each year 'sexperience). The petitioner was already a Tutor and therefore, he had the 3 (three) required points with him. He required 6 (six) more points on completion of 6 (six) years so as to claim the post of Associate Professor (Senior Grade). He completed 6 (six) years on 3.9.1983, and therefore, according to the petitioner he became eligible, with 9 (nine) points in hand, for claiming promotion to the post of Associate Professor with effect from 4.9.1983.
(3.) IT would be relevant to note that the petitioner was promoted as an Assistant Professor on;