UPENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The admitted facts are that the petitioner was appointed as Assistant Professor by notification, dated 16th of Dec., 1977; whereas respondent No. 4 was appointed as Assistant Professor by notification dated 28th Aug., 1978.

(2.) A Bench of this Court in the case of Dr. Hare Ram Singh held that the seniority in the cadre of Assistant Professor is to be determined on the basis of the date of entry of the candidate concerned as Assistant Professor. Despite the said judgment of this Court, the directions contained therein were not being followed as was noticed in a subsequent judgment of this Court in the case of Shashi Bhushan Pandey, reported in 1993 B.B.C.J. 658, : 1993(1) PLJR 446 which declared that the law so pronounced in the case of Dr. Hare Ram Singh shall become effective on or from the date 6f pronouncement of the Dr. Hare Ram Singh. The matter was then taken up for consideration by the State, who by a resolution dated 15th May, 1977 acceded to the pronouncement of Dr. Shashi Bhushan Pandey and agreed to implement the decision rendered in the case of Dr. Hare Ram Singh on or from the date of the said judgment.

(3.) In such view of the matter in order to be promoted to the post of Associate Professor, the petitioner, as Assistant Professor, was admittedly senior to respondent No. 4. While respondent No. 4 was given promotion to the post of Associate Professor with effect from 9th Nov., 1987 by a notification dated 5th Sept., 1989 similar promotion was given to the petitioner with effect from 26th Feb., 1992: