PAR MOHAN DAS S/O SRI TARANI DAS Vs. VICE-CHANCELLOR RAJENDRA AGRICULTURAL UNIVERSITY.PUSA, SAMASTIPUR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the University and learned counsel for the State.

(2.) PETITIONER has filed this writ application for a direction to the respondents to issue appointment letter in his favour, appointing him on a Class -Ill post on promotion, being successful in the limited competitive examination. Case of petitioner is that he was working on daily wages in the Bihar Agricultural College, Sabour since1977,In 1991 a selection process was held by the University in which petitioner 'scase was also considered alongwith many others who had applied for their regular appointment on Class -IV posts. Petitioner was found eligible for such appointment, since he was already working under the University on daily wages having been appointed on compassionate ground. Therefore, by office order issued from the office of Director (Administration) of the University, he, alongwith many others, was appointed on Class -IV posts on regular basis, vide Annexure -1. His services, alongwith services of some other appointees, were placed under the control of Principal, Bihar Agricultural College, Sabour. Petitioner submitted his joining and thereafter, on the orders of the Principal, he was assigned the work of Chowkidar as he was working as Chowkidar from before on daily wages. While in service petitioner sought for and was granted permission to appear in Matriculation examination, in which he appeared in the Session 1988. -89 and passed in 2nd Division.

(3.) A limited competitive examination, for promotion of Class -IV employees to Class -Ill in the University, was scheduled to be held in 1999 and eligible Class -IV employees were asked to apply for the same. Petitioner, alongwith many others, applied for permission for appearing in the said examination. As he was found eligible and qualified his name was included in the list of eligible Class -IV staffs who were granted permission to appear in the limited competitive examination, vide Annexure -3. However when merit list of successful candidates was published he did not find his name there. He made enquiries and was informed that though he was successful in the test, but since he was working on the post of Chowkidar from which post no promotion was permitted to Class -Ill posts his name was not included in the merit list for promotion. Petitioner filed representations and also got sent a legal notice on his behalf to the respondents. However no orders were passed on his representation and therefore he filed this writ application.