CHANDESHWAR PD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner initially challenged the Notification, contained in Memo No. 61 dated 20th February, 1997, whereby and where under, while granting time bound promotion to petitioner against the post of Professor, the date has been shifted forward to 7th October, 1988.

(2.) ACCORDING to the petitioner, he having completed 16 years of service as on 1st February, 1985 become eligible for time bound promotion to the post of University Professor. It was submitted that one Madan Mohan Jha having registered for Ph.D. Degree on 1st February, 1986, the petitioner should be deemed to have acquired requisite qualification for availing the opportunity of promotion at least from the date of registration of the said candidate i.e. 1st February, 1986. The Magadh University earlier provided such benefit with effect from 1.2.1986 and fixed the salary vide order dated 4th June, 1992. However, when the matter was placed before the Bihar State University (Constituent Colleges) Service Commission, the date of promotion has been shifted forward to 7th October, 1988 instead of 1st February, 1986 as was allowed by the University, vide impugned notification dated 20th February, 1997.

(3.) THE counsel for the University submitted that the petitioner having granted relief, as sought for, the writ petition having become infructuous.