Pramath Patnaik, J. - (1.) Heard Mr. (Dr.) Shree Krishna Pandey, learned counsel for the petitioner, Mr. Sanjay Piprawall, learned counsel for the RespondentKolhan University, Mr. A. K. Mehta, learned counsel for the Respondent-Ranchi University, Mr. Pankaj Kumar, learned counsel for the Respondent No. 5 as well as Mr. A. Allam, learned senior counsel appearing for the Respondent-J.P.S.C.
(2.) In the captioned writ application, prayer of the petitioner is for a direction upon the respondents to promote the petitioner to the post of University Professor w.e.f. 3.12.1991 considering his qualification, achievement and experience with all consequential benefits from the date of his due promotion.
(3.) The facts, as has been averred in the writ application, in a nutshell, is that the petitioner was appointed as a Lecturer in the Department of Commerce in Workers College, Jamshedpur, a constituent unit of Ranchi University w.e.f. 3.12.1975 and subsequently he was absorbed on permanent basis vide Ranchi University Memo dated 21.12.1982. It has been averred that the petitioner, subsequent to absorption in regular service of the Ranchi University on the recommendation of Bihar Public Service Commission with the approval of the Chancellor, was confirmed in the service of University vide Ranchi University Memo dated 27.10.1984, wherein, the petitioner's name figures at serial No. 91. The petitioner was subsequently promoted to the post of Reader on permanent basis under the provision of Bihar State Universities Act, 1976 under time bound promotion scheme on the recommendation of the Bihar State University Service Commission, Patna vide Ranchi University Memo dated 21.12.1995 w.e.f. 7.1.1987, wherein, the petitioner's name figures at serial no. 3 and the petitioner objected to this anomalous date of promotion w.e.f. 7.1.1987 instead of 3.12.1985. It has been averred that the petitioner was confirmed as Reader w.e.f. 7.1.1987 vide Ranchi University Memo dated 19.1.1996 (serial no. 43) and the petitioner got his own Ph. D. degree in 1983 and his result was published vide Ranchi University Memo dated 28.01.1983. It has further been averred that the petitioner in view of the aforesaid details of qualification, achievements and experience, covered by the statutory provisions for promotion and entitled for the same, applied for promotion to the post of University Professor w.e.f. 3.12.1991 under the aforesaid Scheme vide duly forwarded application dated 14.8.1997 with all relevant documents contained in 26 annexures and after due scrutiny and screening by the statutory screening committee of the Ranchi University, the petitioner's application complete in all respects was recommended and forwarded to the Bihar State University Service Commission for promotion on 8.5.1999 in a lot of 12 similar cases of promotion of the teachers. It has further been averred that the Bihar State University Service Commission, Patna though recommended the names of eight teachers out of 12 for promotion from Reader to the post of University Professor under time bound promotion scheme on 16/25 years, but wanted notification for Ph.D. production registration under the guidance of the petitioner for consideration of petitioner's promotion to the post of University Professor vide Commission's letter dated 2.8.1989 which was communicated to the petitioner, though the same document-notification of Ph.D. registration under the guidance of the petitioner was already annexed with the application. After getting no response, the petitioner continued making representations for promotion to the Registrar, Ranchi University (respondent No. 2) and the Vice-Chancellor of Ranchi University (respondent No. 1) vide his applications dated 20.6.2006 and 17.07.2006 with request for correction of date of joining and removal of anomalies in the pay fixation of the petitioner, which fell on the deaf ears of the respondents. The petitioner left with no other alternative and efficacious remedy, has been compelled to knock the doors of this Court under Article 226 of the Constitution of India for redressal of his grievances.;