BUDHADEO PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Both these writ petitions have been heard together because they have been preferred by the same petitioner and involve common questions of law and facts and are being disposed of by this common order after hearing the parties in detail at the stage of admission itself.

(2.) THE first writ petition was filed in the year 2000 whereby the petitioner has questioned grant of time bound promotion from the post of Lecturer to that of Reader with effect from 18.6.1990 instead of 1.6.1987 and in relation thereto he has prayed for quashing of orders dated 14.10.1995 (Annexure-2) and the order dated 23.2.2000 (Annexure-1). THE second writ petition filed in the year 2001 contains a prayer for quashing an order contained in letter dated 5.9.2001 (Annexure-1) passed by the Vice Chancellor of the LN Mithila University by which he has made respondent No. 4 of that as Professor Incharge of MKS College, Chandauna on the ground that it ignores petitioner's seniority earned on the basis of his date of entry into service as Lecturer. In that case the second order dated 29.7.2001 (Annexure-2) issued by the Principal of the College designating respondent No. 4 as Professor Incharge of the College has also been challenged. In spite of notice to respondent No. 4 in this case, he has not chosen to appear.

(3.) IT is the case of the petitioner that one Dr Kamleshwar Prasad Singh was appointed as Lecturer in Chemistry on 1.9.1978, much after petitioner's appointment but he was promoted to the post of Reader under time bound promotion scheme, with effect from 1.9.1988 vide notification dated 29.11.1996 (Annexure-10) issued by the University on the recommendation of the Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as 'the Commission').