AWADH KISHORE PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These are series of writ petitions where question of facts and law are generally common and accordingly, they were heard together. However, in this judgment we shall deal with only two of the petitions which relate to Patna University. In these two writ petitions the challenge is against the order of the Patna University demoting the petitioners from the respective posts held by them. FACTS-C.W.J.C. No. 1921/93

(2.) In writ petition C.W.J.C. No. 1921 of 1993 the case made out by the petitioners is as follows, The petitioners are 14 in number and they have challenged the order issued by the Patna University dated 15th February, 1993 (Annexure-10 to the writ petition) issued under the signature of the Registrar of Patna University, being respondent No. 7, whereby the promotion of a large number of teachers from the rank and post of Lecturers to the rank and post of Readers in different Departments of the Constituent Colleges of Patna University, including the petitioners, as also to the rank and post of Professors in respect of some of them, under the Statute for Time-Bound Promotion of Lecturers to the post of Readers and for Readers to the post of University Professors (hereinafter referred to as the Time-Bound Promotion Scheme) has been cancelled as a result of which they allege that they have been reverted and reduced in rank and lower scale. The cases of the petitioners are as follows. The petitioners were originally appointed under the Patna University as lecturers temporarily on different dates between 1967 to 1976. Thereafter they were all appointed substantively on permanent basis in the said post of lecturer on the recommendation of the Bihar Public Service Commission (hereinafter referred to as BPSC) with effect from different dates between 1967 and 1980. Thereafter all of them were promoted as Readers provisionally on the recommendation of the Screening Committee with effect from different dates in the years 1985 and 1986. Thereafter upon completion of 10 years continuous service they were appointed to the post of Reader on substantive basis on the recommendation of the Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as "the Commission") itself by several orders passed in the year 1992 and with effect from the dates of the original appointments as Readers on temporary basis. Further, 5 of them i.e. petitioner No. 1, petitioner No. 4, petitioner No. 8, petitioner No. 9 and petitioner No. 11 were further appointed on promotion provisionally to the post of Professor with effect from different dates in the years 1985 (petitioner No. 4), 1986 (petitioner No. 1), 1988 (petitioner No. 11), 1989 (petitioner No. 9) and 1990 (petitioner No. 8j. The details of such appointments and promotions have been given in the chart being annexure to the petition and supported by different documents which are also annexed.

(3.) In writ petition No. C.W.JC. 2250/93 the petitioner has challenged reversion orders. Their case is as follows : The petitioners No. 1 Dr. Shambhu Nath Singh who is a teacher in Economics, was initially appointed as Lecturer on 27-7-1976 on the recommendation made by Bihar Public Service Commission by Patna University Notification No. G/13590 dated 12-10-1984. After completion of 10 years of continuous service as Lecturer, the petitioner No. 1 was promoted to the post of Reader on 29-6-1987 vide Notification No. G/14502 dated 29-6-1987 with effect from 20-11-1985. Later on, the said promotion of the petitioner No. 1 was concurred by the University Service Commission vide its order dated 4-11-1991. Consequently, the Patna University promoted the petitioner No. 1 to the post of Reader vide Notification No. G/185 dated 5-3-1992. This concurrence was withdrawn by the Commission on the 12th of February, 1993. The notification was issued accordingly by the University on the 25th of February, 1993.