P. B. Bajanthri, J.—On 19.10.2022, the following order was passed:—

“In the instant L.P.A., appellant has assailed the order of the learned Single Judge dated 29.03.2018 passed in C.W.J.C. No. 4538 of 2015. Respondent Dr. Daman Chandra Mishra (Petitioner in C.W.J.C. No. 4538 of 2015) has prayed for following reliefs:-

RELIEFS:

“(i) Issuance of an order, direction or a writ in the nature of Certiorari Quashing Notification No. 48/ 2015 dated 14.03.2015, whereby and where under, the authorities concerned of the respondent T.M. Bhagalpur University, Bhagalpur has appointed the Respondent No. 4 (Reader, Department of I.R.P.M., Sabour College, Sabour) as the Head of the Post Graduate Department of I.R.P.M. in place of the petitioner and the petitioner has been repatriated to Sabour College, Sabour, in a complete illegal and arbitrary manner.

(ii) Issuance of an order, direction or an appropriate declaration that the Respondent No. 5 being junior to the petitioner in the rank of Reader was rightly not made the Head of the Post Graduate Department of I.R.P.M of the respondent T.M. Bhagalpur University, Bhagalpur, vide Notification No. 175 / 2014 dated 15.11.2014, and the order of the University in hand in issuing Notification No. 48/2015 dated 14.03.2015, appointing the Respondent No. 5 as the head of Head of the Post Graduate Department of I.R.P.M of the respondent T.M. Bhagalpur University, Bhagalpur is out rightly illegal, arbitrary, malafide, malicious and unsustainable in the eye of law and on facts both and is fit to be quashed by this Hon'ble Court.

(iii) To hold and declare that the Petitioner is senior to the Respondent No. 5 in the Rank of Reader, as such, the petitioner is fully entitled for continuing as Head of the Post Graduate Department of I.R.P.M of the respondent T.M. Bhagalpur University, Bhagalpur till the expiry of its term.

(iv) To hold and declare that the action of the Respondent University in granting promotion to the Respondent No. 5 in the Rank of Reader under Merit Promotion Scheme" w.e.f. 19.02.1993, vide Notification No. 17/ 2013 dated 02.03.2013 (Ann-2) is wholly unsustainable in the eye of law, since at that point of time, when the Respondent No. 5 was promoted, he was not holding requisite Qualification, as has been laid down under "Revised Statute in Respect of the Qualifications of Teachers of Universities/ Colleges by approved by the Chancellor on 12.12.1983 and amended on 09.09.1988 & 15.12.1990 respectively.

(v) For grant of any other relief or reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case.” During pendency of the aforesaid reliefs, respondent has filed Interlocutory Application challenging the promotion of the appellant to the post of Reader dated 02.03.2013. Interlocutory Application No. 2896 of 2015 was heard along with C.W.J.C. No. 4538 of 2015 and proceeded to allow Interlocutory Application which has affected the appellant’s right to have benefit of promotion to the post of Reader w.e.f. 02.03.2013.

Learned counsel for the respondent (petitioner in C.W.J.C. No. 4538 of 2015) was asked as to why there is delay in questioning the order of promotion to the post of Reader dated 02.03.2013. It is submitted that as soon as he came to know of the promotion order he has questioned the order in the writ petition. He has pointed out para 3 of the prayer. Perusal of para 3 of the writ petition (prayer in writ petition) is not crystal clear in so far as quashing or declaration that the promotion order dated 02.03.2013 is not in accordance with law. Therefore, respondent (Dr. Daman Chandra Mishra) has questioned the promotion to the post of Reader by means of Interlocutory Application. Apex Court in the case of P.S. Sadasivaswamy Appellant vs. State of T.N. reported in AIR 1974 SC 2271 held that in respect of seniority/ promotion the affected person must agitate before the Court of Law within a reasonable period of six months from the date of cause of actio