POONAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved with the denial of the full benefit under the Statute for Career Advancement Scheme brought in under the Bihar State Universities Act, 1976; which University, is now rechristened B. R. Ambedkar Bihar University.

(2.) Sri Abhinav Srivastava, learned counsel appeared for the petitioner and Sri Prashant Pratap, GP-2 for the respondent No. 1 and 2.

(3.) The petitioner was appointed as a Lecturer in an affiliated college of the University after selection conducted by the Bihar College Service Commission, in the year 1997. The appointment was under Sec. 57A of the Universities Act, which recommendation is seen from Annexure-3 and the appointment evidenced by Annexure-4; as a Lecturer in the Hindi. Subsequently, the petitioner was appointed to a constituent college after selection by the Bihar State University (Constituent Colleges) Service Commission in the year 2003, as is seen from Annexure-5. The petitioner's contention is that the Statute for Career Advancement Scheme was approved by the Chancellor, in 29/6/2005, but, was implemented with effect from 27/7/1998. Since the statute existed with retrospective effect from 27/7/1998; the petitioner ought to have been given the higher scale, on her first appointment to the constituent college, as she had continuous service of four years in an affiliated college. Under para 10.1.0 of the Statute, the minimum length of service to move into the grade of Lecturer (Senior Scale) would be four years for those with Ph.D; which doctoral degree the petitioner had at the time of her appointment to the affiliated college and the constituent college. As was the practice, the Career Advancement was delayed and none took up cudgels against the University since always when it was granted, it was granted with retrospective effect. Even in the case of the petitioner, the petitioner was granted the same in the year 2011, as is revealed from Annexure-11.