Patna High Court
Siya Ram Rai vs T.M.B.University Bhagalpur ... on 15 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10481 of 2005
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Siya Ram Rai, S/o Late Shiva Kumar Rai, Resident of Topra Tolla, P.S.-
Pirpainti, District-Bhagalpur. At present-University Professor, University
Deptt. of English, T.M.B. University, Bhagalpur.
... ... Petitioner/s
Versus
1. T.M.B. University Bhagalpur, through Vice Chancellor.
2. The Vice Chancellor, T.M.B. University, Bhagalpur.
3. The Registrar, T.M.B. College, Bhagalpur
4. Bihar State University Service (Constituent College) Commission through
its Chairman, Patna.
5. Dr. R.K. Sinha, Department of English, B.M. College, Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhimanyu Sharma, Adv.
For the Respondent/s : Mr. Ranjan Kumar Sinha, Adv.
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL JUDGMENT
Date : 15-02-2023
1. Heard the parties.
2. The petitioner by way of this writ petition has
prayed as under:-
"1.That by way of this writ application the
petitioner prays for the following reliefs:-
(i) To quash the Notification No. 4/96 dated
11.01.1996 issued by the respondent University wrongly
shifting the date of promotion of respondent No. 5 as reader
from 20.02.91 to 10.03.1987 (Annexure-14) on the
recommendation of respondent Commission reckoning the
period of ad hoc appointment before absorption.
(ii) To quash the Notification No. 174/2002
Patna High Court CWJC No.10481 of 2005 dt.15-02-2023
(Annexure-23) dated 23.07.2002 by respondent University
shifting the date of promotion of respondent No. 5 as
professor from 02.02.97 to 10.03.93 reckoning the date of
ad hoc appointment date as initial appointment.
(iii) To command and direct the University to
reckon the dated of absorption of respondent No. 5 in
regular service i.e. in terms of Annexure-16 issued by
Chancellor absorbing his services.
(iv) To command and direct the respondent
Commission to restore the date of promotions of respondent
No. 5 as notified in Notification No. 71/95 dated 2.9.95
(Annexure-17) issued by respondent University and not to
try to override the direction of Hon'ble Chancellor given in
annexure-16 while absorbing the services of respondent No.
5 which is final in absence of any appeal or revision.
(v) To command and direct the University to
send all the papers regarding appointment and absorption
of respondent No. 5 as lecturer to Commission for taking
proper decision regarding date of appointment as regular
teacher.
(vi) To command and direct the respondent
Commission to work in accordance with law and without
giving any undue favour to any one and assign reason while
deciding the effective date of promotion of respondent No. 5
as reader and Professor under time bound scheme.
(vii) To command and direct the respondent
Patna High Court CWJC No.10481 of 2005 dt.15-02-2023
B.S.U.S. (Constitute Colleges) Commission to decide the
date of promotion of respondent No.5 in the rank of reader
and Professor in accordance with the direction given and
principle laid down by this Hon'ble Court in C.W.J.C. No.
9487 of 2002 disposed of on 27.02.2003.
(viii) To command and direct respondents to
decide the seniority of the petitioner vis-a-vis respondent
No.5 Complying the statutory provisions and principles
settled by Hon'ble Court giving full effect to direction given
in C.W.J.C. No. 9487/02 and also considering the validity of
initial appointment as lecturer.
(ix) To command and direct the respondent
University to take steps for removal of respondent No. 5 if
his initial appointment is in violation of Article 14 and 16
and dehors the procedure prescribed under statute.
(x) To pass any other order granting any other
relief to which the petitioner is legally entitled for."
3. The respondent no. 5 was granted promotion w.e.f.
10.03.1987 which is under challenge by the petitioner. The
petitioner has not been able to show as to how he can be said to
have been in any manner affected by the shifting of date of
promotion of the respondent.
4. Though learned counsel, who was appearing for the
petitioner, has stated that the file has been taken away from him
long back and he has no instructions. No other person has been
Patna High Court CWJC No.10481 of 2005 dt.15-02-2023
engaged. The matter is pending since 2005 for appearance of
learned counsel. The writ petition with regard to challenge the
promotion of the respondent is found to have become otiose by
efflux of time.
5. Accordingly, the writ petition is dismissed.
(Sanjeev Prakash Sharma, J)
lata/-
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