ANIMESH SIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsels for the State and the Rajendra Agriculture University.

(2.) THE petitioner has approached this Court for quashing the order dated 1.10.2011 by which the respondent authorities of the University have rejected the joining of the petitioner dated 1.9.2010 to the previous post of Junior Statistical Assistant held by him and for consequential reliefs.

(3.) THE petitioner after the adverse order passed against him in the writ petition applied before the respondent No.2, the Vice -Chancellor of the University to accept his joining on the post of Junior Statistical Assistant as held by him earlier by his letter dated 1.9.2010. The petitioner also filed C.W. J.C.No.8440 of 2011 with a prayer to accept his joining on the first post of Junior Statistical Assistant and by order dated 7.9.2011 of this Court the matter was remitted to the authorities of the University to pass a fresh order in accordance with law. Pursuant to the same the Vice - hancellor by his impugned order dated 1.10.2011 has rejected the prayer of the petitioner. The reasons for rejecting the prayer of the petitioner are assigned in the last paragraphs of the impugned order which are as follows : " Since the appointment of Sri Sil to the post of Asstt. Professor -cum -Jr. Scientist (Agril. Statistics) was made against the open advertisement through direct recruitment, it was the requirement of relieving from the previous post but ignoring the same Sri Sil joined his new assignment leaving the previous post of Junior Statistical Assistant. No any term of lien for the previous post was applied by Sri Sil and as such the retention of lien of Sri Sil to his previous post of Junior Statistical Assistant does not seems to be appropriate as per term of the provision of the lien under RAU Statutes under clause 13.14 which clearly provides the lien for a period of not exceeding three years only. Under the circumstances, on the basis of the joining of Sri Sil to the post Professor -cum -Junior Scientist (Agril. Statistics) at TCA, Dholi without any proper relieving from the previous post of Junior Statistical Assistant nor having any term of lien prayed or allowed to retention of his lien, the joining of Sri Sil to the previous post of Junior Statistical Assistant dated 01.09.2010 is not considerable and is hereby rejected."