LAL MANI PRASAD Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) HEARD both sides.

(2.) THE short case of the petitioner is that he was a reader and had completed 16 years of continuous service then as per the qualification for time bound promotion to the post of university professor under 16th years scheme of the Statutes he was given provisional promotion by the university to the post of university professor vide Annexure -1 with effect from 10.11.1986. It was categorically stated in that Annexure that the promotion is provisional and subject to the concurrence of the University Service Commission. Later on a new resolution was passed which enhanced the qualification for the post of university professor. This notification was issued in the year 1993. Then acting on this notification the Commission calculated the date of eligibility of the petitioner with effect from the date on which the petitioner produced a Ph. D. scholar and granted him promotion with effect from 12.7.1988. Therefore, the date of his promotion to the post of university professor was shifted to 12.7.1988 from 10.11.1986.

(3.) THE learned counsel for the University has argued that the university is bound by the recommendation made by the Commission and the University at its own cannot grant promotion. The learned counsel for the University has further argued that since the promotion given by Annexure -1 was a provisional one so in absence of concurrence of the Commission this was not a promotion at all. Meaning thereby that the petitioner was never given promotion vide Annexure -1, and he was actually given promotion with effect from 12.7.1988 and that is on the basis of the recommendation of the commission.