SACHCHIDANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and for the respondents.

(2.) THE petitioner is aggrieved by the order dated 20.4.2005 communicated as per Memo No. 1003 dated 27.4.2005 (Annexure -6), whereby and whereunder the appointment of the petitioner as Incharge Principal, Hare Ram College, Mairwa, Siwan has been set aside by the respondent no. 2, the Chancellor of the Universities of Bihar, and in his place the respondent no. 5 has been directed to be appointed after declaring him senior to the petitioner as Reader in the aforesaid College. However, presently, on retirement of the respondent no. 5, the respondent no. 8 has been appointed as Incharge Principal till further order vide Memo No. 983 dated 30.5.2005, as contained in Annexure -8 to the LA. No. 3086 of 2006 filed by the petitioner. The real controversy between the parties hinges on the question of seniority between the Lecturer promoted under the Time Bound Promotion Scheme and Lecturer promoted under the Merit Promotion Scheme under the two relevant statutes of the University.

(3.) THE petitioner was promoted in the rank of Reader on the recommendation of the Bihar University (Constituent Colleges) Service Commission under the Merit Promotion Scheme under Statute 20 vide notification bearing Memo No. B/28 dated 25th January, 1997, as contained in Annexure -1 to the writ application followed by the notification granting substantive promotion on the post of Reader with effect from 20.9.1988 as contained in Memo No. 1666 dated 18th March, 1997. The further case of the petitioner is that on retirement of Dr. Nagendra Singh, Principal Incharge of Hare Ram College, Mairwa, Siwan where the petitioner was a Lecturer since 13.11.1978, and later, promoted to the rank of Reader, as stated above, was appointed as Incharge Principal till regular Principal not appointed by the order of the respondent no. 4 vide Memo No. 490 dated 1.9.2004 as contained in Annexure -2.