Dr. Lalan Jha v. Kameshwar Singh Darbhanga Sanskrit University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22938 of 2012 ====================================================== Dr. Lalan Jha Son Of Late Jaikant Jha Resident Of Village - Maikaunia, P.S. Dhaka P.O. Pachpakri, District - East Champaran At Present Working On The Post Of Reader In The Department Of Jyotish In Dharma Samaj Sanskrit College, Muzaffarpur ... ... Petitioner/s

Versus

1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga Through It'S Registrar

2. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga

3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha, Advocate For the Respondent/s :

Mr. Satyam Shivam Sundaram For the KSDS University:

Mr. Guanandra Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the University. The grievance of of the petitioner in the present application is non-consideration of the case of the petitioner for grant of promotion under the Time Bound Promotion Scheme, which was available on 23.09.1995 when it was superseded by C.As Learned counsels submits that the right to consideration accrued to the petitioner much before 23.09.1995, under the Time Bound Promotion Scheme and in fact many of the juniors to the petitioner have been considered and granted such promotion under the time Bound Promotion Scheme. Since time

Patna High Court CWJC No.22938 of 2012(2) dt.10-09-2018 2/3 bound promotion scheme was available upto 23.09.1995 there is no justification not to consider the case of the petitioner for promotion under the time bound promotion scheme, particularly, when the similarly circumstanced and juniors to the petitioner have been considered and granted such promotion. Learned counsel for the University fairly submits that if the petitioners have been discriminated and any person juniors to the petitioners have been granted such promotion under the time bound promotion scheme, University will consider the case of the petitioner objectively and take appropriate decision.

In view of the above the writ petition is disposed of with a direction to the respondent University to examine the claim of the petitioner strictly in accordance with Time Bound Promotion Rules, which was in place prior to 23.09.1995 and consider the case of the petitioner for grant of promotion. While taking decision University is required to consider, if any persons juniors to the petitioner have granted such promotion and benefit the University is required to grant promotion to the petitioner under the time bound promotion scheme with all consequential benefits.

Patna High Court CWJC No.22938 of 2012(2) dt.10-09-2018 3/3 order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) banti/-T.Kr.

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