SYED MASOOD IMAM Vs. RANCHI UNIVERSIY, RANCHI

JUDGEMENT

(1.) It is the case of the petitioner that the petitioner on being Later on appointed as Lecturer, Department of Urdu, J.N. College, Dhurwa on 1.2.1975 was promoted to the post of Reader, Ranchi University with effect from 1.2.1985. In course of time, Bihar State University Service Commission under the scheme of time bound promotion made recommendation under letter no. 27/A dated 12.5.1998 for his promotion to the post of Professor with effect from 31.3.1989. In spite of that recommendation, the petitioner was never promoted to the post of University Professor by the University. Ultimately, the petitioner got retired from the post of Reader on 31.1.1999. That apart, the petitioner has still not been paid the amount payable towards full gratuity and leave encashment, though the petitioner in this respect had made representation before the Registrar, Ranchi University but nothing was done in this respect and, therefore, he has moved to this Court for a direction to the University to give post facto promotion to the petitioner on the post of Professor in the light of the recommendation made by the University Service Commission as its recommendation was binding upon the University and also for a direction to the authority to make payment of retiral dues admissible to the petitioner.

(2.) A counter affidavit has been filed on behalf of the University stating therein that the case of the petitioner for promotion under 16/25 years time bound promotion scheme was considered by the Screening Committee but the Screening Committee did not find the case of the petitioner fit for promotion on the post of Professor and hence, did not recommend the name of the petitioner for promotion from the post of Reader to the post of Professor and, therefore, recommendation made by the University Service Commission is not binding upon the University.

(3.) It has also been stated that since, as per the decision of the State Government, the amount towards revised gratuity is payable with effect from 15.11.20000, the petitioner is not entitled to enhanced gratuity and that the amount payable towards leave encashment has been paid for 115 days and, thus, the petitioner is not entitled to any relief claimed in this writ application.