Time-bound promotion, as a financial upgradation, requires counting continuous service from the initial appointment date, ensuring eligibility is based on actual service rendered.

JUDGMENT :

DEEPAK ROSHAN, J.

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner with following prayers:

(i) To quash and set aside the decision of the screening committee of not granting promotion to the petitioner under Time-Bound Scheme, which was communicated to the petitioner through a contained letter of in memo no VBU/P/HC/88/2017/1482/19 dated 22.05.2019.

(Annexure-13)

(ii) To direct the respondents, in particular respondent nos. 2 and 3, to consider the case of the petitioner for promotion from the post of Lecturer to the post of Reader and other consequential benefits. including the promotion to the next higher post of Professor, counting the services of the petitioner from the initial date of appointment on 25.2.1983 under the Time Bond Scheme of promotion.

(iii) To hold and declare that the initial date of appointment of the petitioner on 25.2.1983 would be the date for the purpose of counting of continuous services of the petitioner for promotion to the post of Reader and Professor respectively as per the scheme of Time Bond scheme.

(iv) To direct the respondents to consider the case of the petitioner for promotion to the post of Reader and consequently to the post of Professor in accordance with law counting his services from 25.2.1983 i.e. the date of initial appointment.

(v) For any other appropriate relief/reliefs to which the petitioner is found to be entitled in the facts and circumstances of this case as also to do conscionable justice to the petitioner.

3. Briefly stated, the State of Bihar, Education Department sanctioned two posts of Lecturers in the pay-scale of Rs.700-1600 in Adarsh College, Rajdhanwar by letter dated 14.09.1982. Consequent thereto, the petitioner was appointed on sanctioned and vacant post of Lecturer in History subject by letter dated 24.02.1983 and petitioner gave his joining on 25.02.1983. Thereafter, on 10.12.1983, the Bihar College Service Commission, Patna granted concurrence to the appointment of petitioner w.e.f. 25.02.1983 i.e. the date of his joining. On 22.03.1985, the Bihar College Service Commission, Patna extended the concurrence on certain conditions relating to five Lecturers including the present petitioner.

4. Initially, the Adarsh College, Rajdhanwar was established in 1973 and was affiliated to Ranchi University, however, the said college was converted into constituent college of Ranchi University w.e.f. 11.01.1978. Thereafter, on the establishment of Vinoba Bhave University, the Adarsh College became a constituent college of Vinoba Bhave University, Hazaribagh and after formation of State of Jharkhand, the said college falls within the territorial limits of the State of Jharkhand.

5. In the light of orders passed by the Patna High Court in C.W.J.C. No. 4021 of 1995 and in pursuance of Section 4(14) of the Bihar State Universities Act, 1976, the services of the petitioner along with others were regularized w.e.f. 25.02.1983. The said judgment was challenged before the Hon’ble Apex Court in Civil Appeal No. 6098 of 1997 and during the pendency of the said appeal, Hon’ble Supreme Court appointed Hon’ble Mr. Justice S.C. Agrawal to submit a report on the issue of regularization of services of teaching and non-teaching staff of constituent college.

6. Upon submission of report, the Civil Appeal No. 6098 of 1997 was disposed of. On 16.09.2005, Vinoba Bhave University i