MAHENDRA PD SINGH Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) The basic issue which merits consideration in the present writ application filed by the petitioner is whether he has a right of promotion from the post of a Lecturer to the rank of a Reader under time-bound promotion scheme in terms of the Statute dated 24.12.1986 or whether the right of the petitioner for consideration of time bound promotion became extinguished by virtue of a new Statute brought into place on 23.9.1995. The respective Statutes are Annexure-4 and Annexure-6 to the writ application. Yet another issue which is required to be answered by this Court on the submission so made is whether the repeal or supersession of 1986 Statute by the 1995 Statute will have retrospectively and or it can extinguish the right created in favour of the petitioner under time-bound promotion scheme i.e. 1986 Scheme.

(2.) The facts leading to the present writ application are not an issue of dispute. However, they are required to be noticed for proper appreciation of the question of law which has been urged at the bar in assertion of the right of the petitioner for time bound promotion from the post of a Lecturer to a Reader.

(3.) Petitioner started his career as a Demonstrator in the Department of Chemistry in what is known as A.N.S. College, Navinagar, Aurangabad. That was way back in the year 1975. He was subsequently transferred to S. Sinha College, Aurangabad where he was granted promotion on the post of a Lecturer on the recommendation of the Bihar State University Commission vide notification dated 5.8.1999. Promotion on the post of Lecturer was made effective from 22.12.1989. Petitioner has rendered 28 years of continuous service and 22 years as a Lecturer but promotion on the post of Reader or Senior Lecturer still alludes him despite a time-bound promotion scheme being in place for major portion of the period of service.