RAM KRIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. In this writ petition several reliefs have been prayed for by the petitioners, but at the hearing of the writ petition, counsel for the petitioner submitted that he would not press for other reliefs and would only challenge the notifications, Annexures 4 and 5 dated 19.9.1995 and 8.5.1995 whereunder respondents 4 and 5 have been posted as Project Director in the department of Science and Technology and Director of Science and Technology, respectively. It is, therefore, not necessary for me to notice the facts in detail which relate to the other reliefs prayed for in the writ petition.

(2.) The case of the petitioner is that he was appointed as a Lecturer in Electrical Engineering at the Muzaffarpur Institute of Technology on 3.1.1966. He subsequently joined the Government Polytechnic at Ranchi on 11.1.1969 as Assistant Professor of Electrical Engineering. He thereafter worked as the Head of Department of Electronic Engineering on being selected by the Bihar Public Service Commission and since February, 1986 he was in the cadre of Principal of Government Polytechnics. According to the petitioner, his meritorious work has been appreciated by all concerned. According to the petitioner, respondent No. 4 was appointed as Assistant Professor of Mathematics in the Bihar Institute of Technology, Sindri vide notification dated 1.4.1971. He thereafter was given personal promotion to the post of Associate Professor by upgrading his post vide notification dated 22.8.1987 with effect from 15.4.1984. He was thereafter granted personal promotion to the post of Professor vide notification dated 18.3.1993 by following the same method of upgrading the post held by him as Associate Professor. Respondent No. 5 was similarly appointed as Assistant Professor of Civil Engineering and posted at the MIT, Muzaffarpur vide notification dated 25.9.1968. He was also promoted to the post of Associate Professor in the year 1980 under personal promotion scheme. Subsequently, in the year 1985, he was promoted to the supernumerary post of Professor under time bound promotion scheme by doubly upgrading his basic post without disturbing inter se seniority and rights of his seniors and superiors.

(3.) The case of the petitioner is that the personal promotions granted to respondents 4 and 5 did not have the effect of affecting the seniority of others, because the grant of such Promotion did not affect the inter se seniority of the teachers. His further case is that for the reasons stated in the writ petition the grant of personal promotion to respondents 4 and 5 was illegal and they were wrongly given the benefit of higher pay scale. The grievance of the petitioner is that respondents 4 and 5 have been favoured by the State Government inasmuch as by Annexure -4, notification dated 19.9.1995, respondent No. 4 has been appointed as the Project -Director in the department of Science and Technology in the State Project Implementation Unit in the pay scale of Rs. 4500 -7300. The notification, Annexure -4, states that respondent No. 4 has been posted against the aforesaid newly created post till further orders. Similarly, by Annexure -5 dated 8.5.1995, respondent No. 5 has been directed to look after the work of the Director, Science and Technology till further orders in addition to this responsibilities as Joint Director.