LAWS(GAU)-2009-4-35

RAJIV GANDHI UNIVERSITY Vs. PARIMAL KUMAR CHAKRABORTY

Decided On April 29, 2009
RAJIV GANDHI UNIVERSITY Appellant
V/S
PARIMAL KUMAR CHAKRABORTY Respondents

JUDGEMENT

(1.) Heard Mr. A. Mannan, learned counsel for the appellants, and Mr. B. C. Das, learned Senior Counsel, appearing on behalf of the respondent.

(2.) The material facts, giving rise to the present appeal, may, in brief, be set out as under:

(3.) The appellant herein resisted the writ petition by contending, inter alia, that the writ petitioner had been absorbed with effect from 01.05.1998, the order of absorption was passed as far back as on 10.09.1998, the respondent had never objected to his absorption with effect from 01.05.1998, until the time the question of his promotion had arisen, his such belated claim may not be entertained. It was further contended by the appellant University that promotion to the post of Executive Engineer requires 10 years of regular service in the post of Assistant Engineer (Civil) in the appellant University and since, according to the appellant University, the respondent had not completed 10 years of regular service in the grade of Assistant Engineer (Civil), with effect from the date of his absorption, i.e., 01.05.1998, the respondent was not eligible for consideration for promotion.