LAWS(JHAR)-2010-5-49

ARABINDA CHATTERJEE Vs. STATE OF JHARKHAND

Decided On May 05, 2010
ARABINDA CHATTERJEE Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) By referring to a notification dated 20.04.1966 issued under the signature of the Registrar, Bhagalpur University, learned counsel for the petitioner submits that the aforesaid notification declares an amendment made in the statute under which, the post of Lab Assistant has been re-designated as Demonstrator. Learned counsel explains that pursuant to the aforesaid amendment in the statute, the petitioner who was inducted in service as a Lab Assistant in the college, was re- designated as Demonstrator. Learned counsel adds further that the contention of the respondent University that the petitioner's appointment on the post of Demonstrator amounts to his promotion from Lab Assistant, is therefore misconceived. Learned counsel adds that the petitioner is entitled to claim his promotion from the post of Lecturer to the post of Reader since he had not only possessed the requisite qualifications but had also completed the requisite period of experience, as laid down under the statute for promotion.

(3.) Learned counsel for the respondent University submits that on account of the on going strike of the Class-III and Class-IV employees of the University, he has not been able to obtain proper instructions for filing supplementary counter affidavit in the light of the circular/notification referred to and relied upon by the petitioner.