REETA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and the learned Counsel for the Respondent Tilka Manjhi Bhagalpur University (hereinafter referred to as "the University") as also the State of Bihar.

(2.) In both the writ applications the two Petitioners, the lecturers working in T.N.B. Law College, Bhagalpur, have sought a direction for grant of promotion on the post of Reader either under the merit promotion scheme or under time bound promotion scheme and to that extent the common prayer in the two writ applications reads as follows:

(3.) Mr. Gautam Kejriwal, learned Counsel for the Petitioners, at the outset would submit that T.N.B. Law College (hereinafter referred to as 'the College') is one of the 36 Constituent College which were taken over in the 4th phase in the year 1986 and finality with regard to the absorption of the services of the teaching/ non-teaching employees in these 36 colleges had arrived only after submission of Justice S.C. Agrawal Committee report in the year 2003 and its acceptance in the judgment of the Apex Court in Civil Appeal No. 6098/1997 disposed of on 12.10.2004. He has also submitted that thereafter the University has in fact granted time bound promotion to the similarly situated Lecturers of the College of the Petitioners by a notification dated 21.5.2009 but the cases of the Petitioners have not been considered as yet. In this regard he has also highlighted the aspect that both the Petitioners were qualified and eligible to get promotion on the post of Reader either under the merit promotion scheme or under the time bound promotion scheme but despite their applications filed for this purpose no decision has been taken by the University till date. He would, accordingly, submit that a direction should be given to the University to also notify the promotion of the Petitioners on the post of Reader alike their counter-parts who were given such promotion with retrospective effect by the notification dated 21.5.2009.