PARSURAM TIWARY Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) I have heard Mr. Anil Kumar Sinha, learned Counsel appearing on behalf of the petitioner, Mr. M.S. Anwar, learned Counsel appearing on behalf of the respondents-University and Mr. Tapan Sen, learned Counsel appearing on behalf of the respondent No. 4. With the consent of the panics the writ application is disposed of at the admission stage by this order.

(2.) In this writ application the petitioner has prayed for issuance of an appropriate writ for quashing of the order as contained in Memo No. 9447-50 dated 4-7-1996 issued by the Ranchi University by which the respondent No. 4 has been made Head of the Department of Post-Graduate Department of Commerce in the Ranchi University. According to petitioner the impugned order dated 4-7-1996 as contained in Annexure-7 to the writ application has been issued in utter disregard and contrary to the judgment passed by the Division Bench of this Court in C.W.J.C.NO. 1845 of 1994(R). The petitioner has also prayed for quashing of the order dt. 4-7-1996 by which breakage in service of respondent No. 4 from 10-3-1968 to 12-8-1968 has been condoned contrary to the judgment aforesaid and the same has been condoned to accommodate respondent No. 4 in the post of Head of the Department.

(3.) The petitioner was initially appointed as Lecturer in Marwari College, Ranchi on 27-7-1963 and the concurrence was given by the University Service Commission on 27-7-1963. The petitioner worked as Head of the Department of Commerce in Marwari College, Ranchi for about 24 years and also worked as Incharge Principal for 11 months and further the petitioner worked Ph. D. degree in June 1975 and, accordingly, the petitioner was promoted to the post of Reader on 14-11-1980 and then promoted as University Professor with effect from 1-2-1985. The petitioner was then transferred from Marwari College, Ranchi to Ranchi College, Ranchi, some time in February, 1987. The respondent No. 4 was appointed as Lecturer in Worker's College, Jamshedpur on 6-12-1966. He got Ph. D. degree in the year 1977 and promoted as Reader on 14-11-1980 and further got promotion as University Professor on 1-2-1985. According to petitioner, in 1993 the University without considering the case of the petitioner appointed respondent No. 4 as Head of the University Department in the subject of Commerce. The said appointment was made on the ground that respondent No. 4 was the senior-most teacher which was not correct. The petitioner, therefore, finding no way out filed a writ-petition before this Court which was registered as C.W.J.C. No. 1845 of 1994 (R) challenging the validity of the order dated 5-3-1993 by which the petitioner was made Head of Department of the University.