AJIT KUMAR SINHA,J. - (1.) THE present writ petition has been preferred for the following reliefs: i) For direction to the Respondent authorities for refund of the amount which has been recovered from the petitioner's salary with retrospective effect i.e. from the year 2000 without any notice to the petitioner after reverting the petitioner from the post of university Professor to the post of Reader giving effect the Section 58(10) of the State Universities Act, however, the same is effective w.e.f. 28.8.1993, and the petitioner was granted promotion to the post of University Professor w.e.f. 21.11.1985 (Annexure -1) issued by the then Bhagalpur University as per the settled principles of law, ii) For payment of retiral dues to the petitioner such as Gratuity, G.P.F., Leave encashment, Group Insurance etc in the scale of University Professor and also for fixation of final pension as University Professor to the petitioner.
(2.) A detailed argument has been made with regard to the applicability of Section 58(10) of the State Universities Act, as to whether it will apply retrospectively or prospectively. The learned Counsel on behalf of the petitioner has referred to and relied upon : (2001)10SCC608 to support his contention that Section 58(10) of the Bihar State University Act will not apply retrospectively. Section 58(10) is quoted as under: Notwithstanding anything to the contrary contained in this Act or Statue, Rules or Regulations thereunder promotion given on temporary basis to the post of Reader or Professor or Officer of the University shall not be valid for a period exceeding six months, unless recommendation by the Bihar State University (Constituent Colleges) Service Commission.
(3.) HOWEVER , the counsel for the respondent refuted it and submits that a Division Bench of this Court in 2003 (4) JLJR 531 has held it otherwise while relying upon a judgment of the Hon'ble Supreme Court in : [1996]3SCR408 , that Section 58(10) of the Act as promulgated by Act 70 of 1993 will apply retrospectively.;