HARI KISHORE PANDEY Vs. RAJENDRA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The present writ application depicts a sorry state of affairs under the hands and control of Rajendra Agricultural University, Samastipur.

(2.) The facts in nutshell for purposes of disposal of this writ application are that the Respondent No. 6 was made Incharge of the Office of Assistant Comptroller (Audit), the petitioner being aggrieved by the said arrangement came to this Court in CWJC No. 567 of 1997. The said writ application was disposed of on 16.5.1997. The Court found that the relevant statute provides that candidates for the promotion in question will be selected on the basis of merit cum seniority. The Court also referred to the statutory provision which is as under:

(3.) The Court observed that in the past the criteria adopted for promotion was seniority-cum-merit in disregard of the statutory provision of merit-cum-seniority. The Court also observed that from Annexure-2, of the said writ application it appeared that a note in this regard was put up by the Director, Administration, before the Vice Chancellor bringing to his notice the said irregularity. The Vice Chancellor very surprisingly observed that the existing policy be followed in place of statutory provision. The Court observed that the Counter Affidavit was filed by the University in the said matter wherein it was submitted that the order impugned was merely a working arrangement and the said Respondent No. 7 (present Respondent No. 6) was not in fact given any promotion to the post of Assistant Comptroller (Audit). This Court observed that undeniably even for the working arrangement the said Respondent was picked up by following a procedure contrary to the statutory provision. The Court accordingly, quashed the said Annexure-6. The Court directed that in case the post is filled up on the basis of promotion then the candidates including the petitioner would be considered for promotion on the basis of statutory criteria of merit-cum-seniority and not otherwise. After the said order was quashed, the Evaluation Committee of the University again met on 6.7.1999. They examined the cases of the three Senior Auditors, namely, Sri A.S. Jha (Respondent No. 6), Sri S.K. Thakur and Sri Hari Kishore Pandey (Present petitioner) for their suitability to the post of Assistant Comptroller (Audit) on the basis of merit-cum-seniority, as envisaged under the provisions of the Statutes of the Rajendra Agricultural University. From the order dated 7.7.1999 (Annexure-15) impugned in these proceedings it appears that the said Committee examined the matter in detail, the matter was examined in the Evaluation Committee meeting held on 28.6.1999 and a unanimous decision was taken to fill up the post of Assistant Comptroller (Audit) by direct recruitment as the earlier incumbent Sri S.C. Srivastava was a promotee. The Evaluation Committee made its recommendations that Senior Auditor Sri A.S. Jha be asked to work as Assistant Comptroller (Audit) in addition to his own duties till a regular appointment is made on the post of Assistant Comptroller (Audit). This arrangement undisputedly is going on for more than 5 years. The petitioner being aggrieved by the direction that the post would be filed by direct recruitment and the order giving charge to Sri A,S. Jha is again before this Court.