BIHAR STATE UNIVERSITY Vs. BRAJ KUMAR MISHRA

JUDGEMENT

(1.) BOTH these appeals have been filed against the same judgment of the learned single Judge and have been heard together. They are, therefore, being disposed of by this Common Judgment.

(2.) RESPONDENT No. 1 Dr. Braj Kumar Mishra in both these appeals is the Professor in Psychology in a constituent college of the Ranchi University, Ranchi (hereinafter referred to as the University). He filed C.W.J.C. No. 3409 of 1996 (R) before this Court challenging the notification dated 4.10.1996, issued under the signature of the Registrar of the University, whereby the Vice Chancellor of the University has promoted him to the post of Professor under the time bound promotion scheme (hereinafter referred to as the scheme) with effect from 16.9.1992. The grievance of Respondent No. 1 is that he is entitled to be promoted to the said post under the scheme with effect from 1.2.1985. Accordingly, he had prayed for appropriate direction to the respondents in the writ petition to promote him as the professor with effect from 1.2.1985, instead of 16.9.1992. This writ petition has been allowed by the learned Single Judge, vide judgment dated 29th August, 1997, the operative portion of which is reproduced below - In the result, this writ petition is allowed and part of the impugned order by which the date of promotion of the petitioner as University Professor with effect from 16.9.1992 is hereby quashed and it shall be deemed that the petitioner has been promoted with effect from 1.2.1985. However, there shall be no order as to costs.

(3.) BY the above judgment the learned Single Judge has issued two directions, namely, (i) he has quashed that part of the impugned order by which Respondent No. 1 was promoted as the University Professor with effect from 16.9.1992 (under 25 years scheme), and (ii) he has declared that the said respondent shall be deemed to have been promoted as the Professor with effect from 1.2.1985 (under 16 years scheme).