DHIRENDRA NARH OJHA Vs. RANCHI UNIVERSITY, RANCHI

JUDGEMENT

(1.) IN this writ application, petitioner prayed for quashing of memo no. B/8039 -58/96 dated 17.5.1996 ( Annexure -8), whereby respondent no. 5 has been promoted to the post of Reader in the Department of History w.e.f. 03.01.1987 under eight Years Merit -Promotion Statute.

(2.) IT is stated that respondent no.5 was initially appointed on the post of temporary teacher for six months on 01.01.1979 vide Annexure -2. It is then stated that latter on Bihar Universities Act has been amended and as per amended provision syndicate can appoint a teacher on the recommendation of University Selection Committee. It is stated that on 30.8.1981, the University Selection Committee recommended the names of petitioner and respondent no.5 and others vide Annexure -5 for appointment on the post of lecturer. In the said panel name of petitioner found place at serial no.1, whereas name of respondent no.5 is at serial no. 6. It is stated that as per recommendation of Selection Committee, the University issued notification appointing petitioner and respondent no.5 on 04.12.1981. In the said notification ( Annexure -6) name of petitioner found place at serial no. 1, whereas name of respondent no.5 is at serial no.6. Thus, it is clear that petitioner is senior to respondent no.5, which also notified by Registrar of the Ranchi University by issuance of Annexure -9. It is further stated that inspite of aforesaid factual position respondent -University promoted respondent no.5 with effect from 03.1.1987 under 8 Years Merit Promotion Statute. It is stated that initial appointment of respondent no.5 was only for six months. Thus, his service stood terminated on completion of six months. Accordingly, it is submitted that Respondent no.5 is not in continuous service from 1979. It is stated that from the date of regular appointment i.e. 04.12.1981 respondent no.5 had not completed 8 years of service, thus, he can not be promoted under eight years Merit Promotion Statute. Accordingly, it is stated that order of promotion of petitioner with effect from 03.1.1987 cannot be sustained.

(3.) COLLEGE Service Commission has also filed counter affidavit, wherein it is stated that University while recommending the case of respondent no.5 had stated that respondent no.5 is in continuous service from 03.1.1979 and accordingly he has been promoted from 03.01.1987. It is stated that Commission after considering the document gave its concurrence on the promotion of respondent no.5 under 8 years Merit Promotion Statutes. It is further stated that since petitioner did not produce evidence of outstanding work prior to 01.12.1989, therefore. Commission accepted recommendation of Ranchi University and granted concurrence on the promotion of petitioner with effect from 01.12.1989.