D.G.R. Patnaik, J. - (1.) Heard Shri S. Anwar, learned Senior Counsel for the petitioner and Shri S. Choudhary, learned counsel for the respondents.
(2.) The petitioner in this writ application has prayed for the following relief(s). 1. For issuance of an appropriate writ directing the concerned respondents to promote the petitioner to the post of Associate Professor and to the post of Professor with retrospective effect, from the due date. 2. For a direction to the respondents to implement and follow the provisions of composite scheme of the respondent no. 1 dated 28.2.1989 (Annexure-8) and also the provisions of the State Government's Circular / direction as contained in letter no. 379 dated 16.2.1990 (Annexure-9) 3. For quashing the decision of the respondent no. 3 vide Memo No. 302 dated 1.2.1994 (Annexure-10) and the notification issued consequent upon issuance of Annexure-10 whereby Birla Institute of Technology in which petitioner was appointed, was not included within the purview of the notification.
(3.) Petitioner's case in brief is as follows: The petitioner after having graduated in Mechanical Engineering in the 1963, obtained Post Graduate Degree in the same faculty from I.T.I., Kharagpur in the year 1968 and thereafter obtained doctorate degree in 1981. He was appointed as a temporary Lecturer in the Bihar College of Engineering and later, was appointed as an Assistant Professor with seven advanced increments under the respondent no. 5, namely the Birla Institute of Technology, Mesra by its Vice Chancellor on the recommendation of the University Service Commission, Bihar and upon such appointment, he joined his posting in the Birla Institute of Technology, Mesra in 1971. At that time i.e. in the year 1971, the respondent no. 5 was an affiliated college of the Ranchi University. Later, in March 1972, an autonomous status was granted to the college by the Ranchi University which it continued to enjoy till 28.8.1986 on which date, it was declared a Deemed University under section of the University Grants Commission Act, 1956. During the period when the college was an affiliated college of the Ranchi University, it was governed by the statutes of the Ranchi University in matters relating to time bound promotion of lecturers to the post of Readers. When the benefits of the scheme for time bound promotion was not given to the petitioner and similarly situated other lecturers of the College, then the Birla Institute of Technology Teachers' Association, moved the Supreme Court vide Writ Petition No. 6747 of 1982. The Writ Petition was disposed of on 19.9.1983 with a declaration that on the basis of the agreement between the parties, the terms and conditions of service as applicable to the affiliated college of the Ranchi University, as they exist on the date, shall be applicable to such of the teachers of the Birla Institute of Technology who opt for the same. Accordingly, the petitioner and several other teachers gave their option for the application of the terms and conditions of service of the affiliated colleges of the Ranchi University. In spite of exercise of option by the teachers, the respondent no. 5 did not comply with the order of the Supreme Court. Consequently, the Teachers' Association filed a contempt petition before the Supreme Court vide Civil Miscellaneous Petition No. 585 of 1987. The Contempt Petition was disposed of by the Supreme Court with an observation and direction that the benefits be extended to the teachers within two months and while giving effect to the benefits, the pattern followed in Jamshedpur Engineering College should be the basis. ;