NAND KISHORE THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) These two intra Court appeals have been filed against the common judgment and order, dated 25.10.2013, passed in C.W.J.C. No. 15667 of 2013, whereby a learned single Judge of this Court has disposed of the writ application by quashing the order of promotion, dated 27.06.2013 (Annexure-19), and remitting the matter to the State Government to, first, decide whether there are available vacant posts of routine clerk, which can be filled up by way of promotion, from amongst Class IV employees. The learned single Judge has also observed and directed that once the vacancy is decided to be filled up, the cases for promotion of all Class IV employees be taken up and decided strictly according to the Statutes, which are to be notified by the Chancellor of Babasaheb Bhimrao Ambedkar Bihar University (hereinafter referred to as the respondent University ). By the judgment under appeal, the learned single Judge has further held that if the Statutes are not notified within three months, then, the respondent University will move the Chancellor for filling up the vacant posts of Routine Clerk from amongst all eligible Class IV employees of the respondent University.

(3.) The material facts, giving rise to the present appeal, are briefly set out hereunder :-