KSHITISH CHANDRA MANDAL Vs. STATE OF JHARKHAND THROUGH SECRETARY
LAWS(JHAR)-2006-8-39
HIGH COURT OF JHARKHAND
Decided on August 29,2006

Kshitish Chandra Mandal Appellant
VERSUS
State Of Jharkhand Through Secretary Respondents

JUDGEMENT

R.K.MERATHIA, J. - (1.) IN this writ petition, petitioner had prayed for several reliefs but Mr. Mazumdar, learned Counsel appearing for the petitioner, submitted that the main dispute is with regard to the fixing of the admissible date of joining of the petitioner as 17.7.1973.
(2.) ACCORDING to the petitioner, though he was appointed on the non teaching post of Lab Assistant on 4.8.1959, but as he had requisite qualification, by Notification dated 4/8.12.1969 (Annexure -1), along with others, he was promoted by Bhagalpur University with concurrence of Bihar Public Service Commission (BPSC for short) to the teaching post of Demonstrator w.e.f. 1.3.1966. He acquired masters degree on 1.4.1971. By a memo dated 3.8.1972 (Annexure -2) he was sent on lien as lecturer to Godda College for two years by granting him extra -ordinary leave without pay. He joined on the said post on 4.8.1972. While working, as lecturer on temporary basis, he was absorbed permanently on 17.7.1973 as lecturer by the Governing Body of Godda College, Godda with concurrence of Bihar State University Service Commission. Thereafter, he was promoted as Reader and ultimately he retired on 31.1.1996. It was submitted on behalf of the petitioner that suddenly in 2002, his pension has been reduced treating his admissible dale of joining as 17.7.1973. The statement at page 28 was referred.
(3.) THE stand of the University and State of Jharkhand is as follows. Promotion from a non teaching post of Lab Assistant to a teaching of Demonstrator was not permissible. Therefore, petitioner could be appointed afresh as Demonstrator. He was temporarily posted as Lecturer on lien on 4.8.1972, where he was confirmed on 17.7.1973. As he did not join back his services, after expiry of the period of lien, his appointment as Lecturer was taken as fresh appointment. Accordingly he was promoted as Reader also on 1.2.1985. Only two promotions are permissible during the service period. If petitioner claims that his service should be counted from 1969 when he joined as Lab Assistant, his promotion as Reader will become illegal as he already got two promotions as Demonstrator and then Lecturer, Thus, either his promotion as Demonstrator is illegal or as Reader is illegal.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.