Dashrath Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18997 of 2017 =========================================================== Dashrath Kunwar, S/o Bhola Kunwar, Resident of Village & P.O. - Farda, DistrictMunger, retired as Assistant Professor in the department of History, G.D. College, Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director, Higher Education, Government of Bihar, Patna.

3. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga.

4. The Registrar, Lalit Narayan Mithila University, Darbhanga.

5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga.

6. The Principal, G.D. College, Begusarai.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Respondent/s : Mr. Pramod Kumar Singh, AC to SC-16 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 18-05-2018 Heard learned counsel for the petitioner and the respondents.

2. The grievance of the petitioner in the present writ application is non-consideration of the case of the petitioner for grant of time bound promotion, which was in existence prior to 23.09.1995.

3. The Hon'ble Chancellor has framed Statute for grant of time bound promotion after completion of 10 years and 25 years of service.

4. Learned counsel for the petitioner with reference to statutory scheme for time bound promotion submits that the petitioner has completed 10 years in 1992 and as such was entitled for

Patna High Court CWJC No.18997 of 2017 dt.18-05-2018 2/2 grant of 1st time bound promotion w.e.f. 1992. He submits that similarly circumstanced others have been granted such benefit including the person, who died, but in the case of petitioner the respondents have adopted different yardstick. 5.

Considering the aforesaid, the respondent University is hereby directed to take final decision with regard to the claim of the petitioner and if the petitioner has completed the 'Kalabadhi' for grant of promotion in terms of Hon'ble Chancellor's Statute, 1986 within a period of 60 days from the date of receipt/production of a copy of this order and grant all consequential benefit within a further period of 60 days from the date of such decision.

6. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date21.05.2018 Transmission Date