U.N.PANDEY Vs. LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA

JUDGEMENT

(1.) Heard the parties.

(2.) This matter is pending since 2000 and therefore in spite of a request made by the counsel for the petitioner no adjournment is being given.

(3.) Leaned counsel has thereafter argued the matter on merits and submits that the petitioner had been promoted as a Reader vide order dtd. 22/12/1971 thereafter the Vice Chancellor in exercise of powers of the Syndicate under Sec. 79A of the Bihar State University Ordinance, 1986, promoted the petitioner as a University Professor with effect from 1/12/1985 on completion of 16 years of tenure. The promotion was granted subject to concurrence of the Bihar State University (Constituent Colleges) Service Commission. However, by impugned order the date of promotion of the petitioner was shifted to 1/12/1985 to 8/1/1993 without any reason coming forward. Learned counsel submits once the petitioner has already been promoted as Professor with effect from 1/12/1985 and had submitted of his research work which made him eligible for time bound promotion in the post of University Professor on completion of 16 years of service there was no occasion to shift him under the 25 years time bound promotion scheme. It is submitted that not only the petitioner was place earlier in the pay scale of Rs.7,300.00, but now he has been given pay scale of Rs.5,700.00 alone. Learned counsel submits that there was no occasion to shift him from 16 years promotion scheme to 25 years scheme. It has also been pointed out that as many as five persons junior to the petitioner were granted benefit of 16 years promotion scheme and no reason has come-forward for denying the petitioner the said benefit. He also pointed out that the achievement of petitioner in subject of Chemistry in terms of publication of research paper and participation in national/international conference has been outstanding. While else who do not have experience in research have been granted promotion.