BHAJAN PRASAD Vs. NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) Five petitioners herein were appointed on Class-IV posts by different orders passed by the authorities of the respondent-Patna University and were serving as such in the erstwhile Bihar College of Engineering (for short "the BCE"). They have approached this Court seeking a direction upon the authorities of the respondent-Patna University as well as National Institute of Technology, Patna (for short "the NIT") to consider their cases for promotion from Class-IV to Class-Ill post on the ground that similarly situated employees of Patna University had been granted promotion to Class-Ill post(s). A further prayer has been made that the respondents be commanded to pay them salary of Class-Ill post on which they have been working since 2004-05. In course of argument, learned counsel for the petitioners has taken a stand that based on pleadings on record, their present employer namely NIT be directed to consider their cases for promotion from Class-IV to Class-Ill post in the NIT in the light of document placed at Annexure-11.

(2.) A brief statement of facts indispensable for disposal of the case may first be noticed. Petitioner Nos. 1, 2 and 4 claimed to have been appointed by order dated 22.8.1989 (Annexure-1) passed by the Deputy Registrar of the Patna University on the recommendation of Selection Committee of the BCE, then a constituent of Patna University. Petitioner No. 3 was appointed as Daftari in the BCE and petitioner No. 5 was appointed as Darban vide order contained in letter dated 4.12.1992 (Annexures-2 and 3 respectively). In due course of time, the Principal of erstwhile BCE recommended several employees including the petitioners herein for promotion to Class-Ill posts. The Registrar of the Patna University vide communication dated 7.8.2003 (Annexure-5) forwarded a gradation list of Class-Ill and Class-IV employees requesting the Principal of the BCE to circulate the same amongst the employees seeking their objection(s) and correction in the gradation list. The matter was resting there when, by a notification dated 28.1.2004 (Annexure-7), the BCE was converted into a fully funded Institute of Central Government and renamed as the NIT, Patna. Thereafter, the matter remained hanging in balance on account of the fact that a stand was taken by the N.I.T. that the Patna University was required to consider and grant promotion since a claim was raised that they are entitled to be granted promotion with effect from the date some of the employees of the Patna University were granted promotion and in the meanwhile the BCE was taken over and made a separate legal entity. It is the pase of the petitioner that vide different notifications dated 7.5.2004 and 6.1.2005 (Annexures-9 and 10 respectively) issued by the NIT, the petitioners have been directed to discharge duties of Class-Ill posts but without any salary or allowance. The NIT subsequently prepared a list of eligible persons for promotion to the post of Class-Ill (Annexure-11) incorporating their names but no action has been taken which propelled the petitioners to approach this Court seeking the aforesaid relief(s).

(3.) Counter affidavits on behalf of the respondent Patna University as well as the respondent NIT have been filed. On a perusal of the averments made in the counter affidavit filed on behalf of the respondent-Patna University as well as respondent NIT and considering the submissions made by their respective counsel, it appears that the only dispute between the Patna University and the respondent NIT is about the authority who will consider and take the appropriate decision/action on the grievance of the petitioner considering the relief(s) prayed for in this application.