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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Kamla Kant Pathak, son of Shri Niranjan Pathak – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
ANANDA SEN, J.
The petitioner by filing this writ petition has prayed for the following reliefs:
(i) For issuance of an appropriate writ(s)/order(s)/ direction(s) or a writ in the nature of certiorari, for quashing the part of the observation of Hon’ble Retd. Justice S.C. Agrawal Commission (Annexure-5) whereby though name of the petitioner was approved for absorption however, the date of absorption has been changed from 19.09.1985 to 09.05.1988 which is wholly unjustified, uncalled for, erroneous and unsustainable in the eye of law.
(ii) The petitioner further prays for issuance of an appropriate writ(s)/direction(s) or a writ in the nature of Certiorari, for quashing orders passed by Registrar dated 30.04.2017 and 20.05.2017 (Annexure-6 and 8/A), whereby it has been held that as the date of absorption of the petitioner was changed from 19.09.1985 to 09.05.1988 by the Hon’ble Retd. Justice S.C. Agrawal Commission and the scheme of Time Bound Promotion is applicable only to the date 23.09.1995 and as the petitioner’s services has been recognized from 09.05.1988 the claim of the petitioner for Time Bound Promotion to the post of Reader cannot be considered and accordingly the sa
Past service of temporary employees must be counted for determining retiral benefits, supporting justice and consistent legal interpretation.
Time-bound promotion, as a financial upgradation, requires counting continuous service from the initial appointment date, ensuring eligibility is based on actual service rendered.
Absorption of university teachers requires both eligibility and availability of sanctioned posts; mere eligibility does not suffice.
Eligibility for absorption and pay revisions requires documented qualifications and adherence to procedural norms; claims without proper recommendations or evidence are unvalid.
The effective date for service benefits must align with initial appointments as stated in Section 57A(6) of the Bihar State Universities Act, 1976.
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