Shailendra Mishra v. The B.N. Mandal University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10006 of 2013 =========================================================== Shailendra Mishra Son Of Shri Sita Ram Mishra Resident Of Mohalla - Naya Bazar, P.S. + District - Saharsa; Presently Posted As Principal, B.N. Mandal Vanijya Mahavidyalay, Sahugarh, Madhepura .... .... Petitioner

Versus

1. The B.N. Mandal University , Madhepura Through Its Registrar

2. The Vice Chancellor, B.N. Mandal University, Madhepura

3. The Registrar, B.N. Mandal University, Madhepura .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, adv. For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 21-07-2016 Heard learned counsel appearing for the parties. 2.

In this case, the petitioner is seeking relief to promote him to the post of University Professor from the due date. 3.

The petitioner was initially appointed on the post of Lecturer in R.M. College, Saharsa. The petitioner was made Principal with effect from 23.6.1983.

4.

Learned counsel for the petitioner submits that in terms of the Statute Nos. BSU-44/87/1215/GS (I) dated 21.4.1987

Patna High Court CWJC No.10006 of 2013 dt.21-07-2016 2/3 and BSU-27/85-4032/GS (I) dated 24.12.1986 (Annexures-3 and 4 respectively) the petitioner is entitled for the post of University Professor.

5.

A counter affidavit has been filed by the University, where it has been stated that the petitioner was serving in the College on the post of Principal and after due date he has been granted the pay scale of Senior Principal, which is equivalent to the pay scale admissible to the Professor vide Notification contained in Memo No.1791/2013 dated 09.07.2013, but the learned counsel for the petitioner submits that the petitioner has not given the benefit from the due date.

6.

In such view of the matter, let the petitioner file a detailed representation before the Vice Chancellor, B.N. Mandal University, Madhepura, respondent No.2, along with a copy of this order. The Vice Chancellor of the University shall examine the case of the petitioner with regard to due date the petitioner is entitled to the pay scale of Senior Principal, which is equivalent to the pay scale admissible to the Professor, and take positive decision within a period of three months from the date of filing of such representation.

Patna High Court CWJC No.10006 of 2013 dt.21-07-2016 3/3 7.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR NAFR CAV DATE Uploading Date 22/7/2016 Transmission Date