Dr. Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.420 of 2024 ====================================================== Dr. Lal Babu Singh S/o Jagdev Singh Resident at- Bhikha Chak, P.O.- Anisabad, P.S.- Gardanibagh, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Vice-Chancellor, Jai Prakash University, Chapra. 4.

The Registrar, Jai Prakash University, Chapra. 5.

The Finance Officer, Jai Prakash University, Chapra. 6.

The Selection Committee, through its Chairman, Jai Prakash University, Chapra.

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Respondent/s :

Mr.Addl. Advocate General 12 Mr. Ritesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 15-03-2024 Heard learned counsels for the parties.

2. The present writ application has been filed by the petitioner for issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent University to notify the name of the petitioner, granting promotion to the post of University Professor in the faculty of Mathematics with all the consequential monetary benefits, as the petitioner is fulfilling all the requisite conditions as laid down in the statute, but he has not been promoted merely on the

Patna High Court CWJC No.420 of 2024 dt.15-03-2024 2/3 ground that he has retired from active service though the promotion of the petitioner is due w.e.f. 08.11.2013, while the petitioner was in active service. The similarly situated teachers have been promoted from due date i.e. 08.11.2013 since they are in active service. Even not only retired rather the employees who died, but promotion was due, have been granted promotion under the same statute.

3. After hearing learned counsel for the petitioner and also perusing the contents of the writ application, it appears that the petitioner has filed a representation before the Vice Chancellor on 11.07.2023 with a request to grant promotion to the post of University Professor and also filed an appeal before the Hon'ble Chancellor for redressal of his grievances, but till date, no any information in this regard has been given to him.

4. In such view of the matter, the office of Hon'ble Chancellor is directed to dispose of the appeal of the petitioner by passing a reasoned and speaking order in accordance with law, within a period of two months from the date of receipt/production of a copy of this order after affording an opportunity of hearing to the petitioner or his counsel and after issuing notice to the other necessary persons/affected persons.

5. It is expected that the office of the Hon'ble Chancellor

Patna High Court CWJC No.420 of 2024 dt.15-03-2024 3/3 shall dispose of the appeal of the petitioner within the stipulated period.

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

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.03.2024 Transmission Date NA