Ram Ratan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10966 of 2019 ====================================================== Ram Ratan Singh Son of Late Hardeo Singh resident of Mohalla-Manas Path, West Patel Nagar Patna (800023), P.S.-Shastrinagar, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Education department, Govt. of BIhar, Patna.

2.

The Director, Higher Education department, Govt. of Bihar, Patna. 3.

The Joint Secretary, Govt. of Bihar, Patna.

4.

The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 5.

The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

7.

The Assistant Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

8.

The Deputy Registrar-2 (DR-) Lalit Narayan Mithila University, Kameshwar nagar, Darbhanga.

9.

The Principal, D.B.K.N. College, Narharn, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar, Adv.

For LNMU Mr. Bindhyachal Rai, Adv.

For the State :

Mr. Narendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner, learned counsel for the University and learned counsel for the State.

2. This writ petition has been filed for issuance of writ in the nature of mandamus or any other appropriate writ/writs, order/order, direction/directions directing to the respondent authorities to promote to the petition in rank of Reader (Associate Professor) post w.e.f. 06.11.2005 in the said college

Patna High Court CWJC No.10966 of 2019(6) dt.13-05-2024 2/3 from the post of Lecturer Senior Scale under the provision of the statute approved the Hon'ble Chancellor and communicated vide Governor's Secretariat, Patna letter no. BSU-8/20051715/G.S.(1) Patna dated 29.06.05 because he joined and continued in service w.e.f. 06.11.1996 as Lecturer in Hindi under D.B.K.N. College Narhan, Samastipur (Constituent College) L.N.M.U. Kameshwar Nagar, Darbhanga (Annexure-1) and grant of Lecturer Senior Scale w.e.f. 06.11.2000 by University (Annexure-2) claiming as per qualification of Ph.D. degree, completed 5 years service in Lecturer Senior Scale, Research referees Publication course by Patna University, two Refresher Courses, good performance appraisal report by Principal, Bihar State University is not working so experience and performance appraisal report made by Principal, he was to be promoted on Reader post with consequential benefits i.e. monetary as per law.

3. Learned counsel for the petitioner submits that the Vice-chancellor in its meeting held on 11.04.2011 has recommended promoting the petitioner to the rank of Lecturer (senior scale) in Hindi but the Selection Committee has not recommended the name of the petitioner for promotion.

4. A counter affidavit has been filed on behalf the

Patna High Court CWJC No.10966 of 2019(6) dt.13-05-2024 3/3 University in which it is stated that the claim regarding promotion of the petitioner to the post of Reader/Associate Professor (Senior Scale) was placed before the Selection Committee but the Committee has rejected the case of the petitioner with a remark 'not recommended'. He further submits that no other record regarding proceeding of the selection committee is available in the University.

5. Considering the facts and circumstances of the case and the submissions made on behalf of the respective parties, this writ petition is disposed of with a direction to the University to constitute a Selection Committee and consider the case of the petitioner within a period of three months from the date of production of a copy of this order.

(Anjani Kumar Sharan, J) devendra/- U