BIRENDRA KUMAR SINGH Vs. LALIT NARAYAN MITHILA UNIVERSITY

JUDGEMENT

(1.) Heard learned counsel for the parties concerned.

(2.) The brief facts of the case are that the petitioner was appointed on Class-IV post in Lalit Narayan Mithila University, Darbhanga (hereinafter referred to as "the University") on compassionate ground on 28/7/1990. The grievance of the petitioner is that since his appointment, no promotion has been granted to him under Class-III post. Earlier, the petitioner was promoted on Class-III post on 8/2/1997 but subsequently, the promotion order was recalled on 27/2/1997, without any notice to the petitioner. In the year, 2005, some of the similarly situated Class-IV employees were promoted as a Routine Clerk but petitioner was left out.

(3.) Learned counsel for the petitioner submits that he participated in the process for promotion in the year, 2015 but has again been denied promotion on the ground that petitioner did not secure 45 marks in each of the papers, as per Promotion Statute. Petitioner secured 42 marks out of 100 marks in Paper-I and 55 marks in Paper-II and thereby, obtained more than 45% marks. The submission is that Promotion Statute does not contemplate securing 45% marks in each paper. Learned counsel relies upon the judgment of a co-ordinate Bench of this Court, rendered in C.W.J.C. no. 6981 of 2020 (Prem Chandra Prasad v. Lalit Narayan Mithila University).