SHASHI BHASAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) - This writ application has been filed for direction for payment of salary as Assistant Professor in Pathology in Nalanda Medical College to the petitioner as also for consideration of his case for promotion to the post of Associate Professor.

(2.) The petitioner was appointed by the then Board of Management, Nalanda Medical College as tutor in the department of Bio-chemistry on 15-3-1970. He was re-appointed as tutor in the department of Pathology on 14-7-1975. The College was taken over Under the Bihar Private Medical College (Taking over Management) Ordinance 1976, later enacted into Bihar Act 5 of 1978. The petitioner was appointed as Assistant Professor by order of the Chairman, Board of Control on 2-2-1978. It is said that the Screening Committee constituted under Section 6 (2) of the Act, vide resolution dated 23-1-1979, submitted its report according to which the netitioner was found eligible for promotion as Assistant Professor with "effect from 14-6-1978 since his claim for payment of salary as Assistant Professor remained outstanding, he filed the instant writ application on 9-5-1983 making a further prayer for his promotion as Assistant Professor. It appears that during the pendency of the writ application, the petitioner was promoted as Associate Professor on 20-11-1983,

(3.) The petitioner has asserted that he is entitled to reckon his appointment as an Assistant Professor with effect from 2-2-1978 when the Chairman, Board of Control, the competent authority, passed an order to that effect or, alternatively, with effect from 14-6-1971 from which date he was found to be eligible for such appointment by the Screening Committee, He has also made a grievance that several persons who were not Assistant Professors on 2-8-1978 have been placed above the petitioner in the list and shown senior to him as Associate Professor.