IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13219 of 2010
DR.ARUN KUMAR PANDEY
Versus
THE.T.M.BHAGALPUR UNIVERSITY & ORS.
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2 27.8.2010 The petitioner was working as a teacher in
Government College in the State of Uttar Pradesh and then
joined Tilkamanjhi Bhagalpur University. Considering his past
experience, he was granted pay protection and taken into the
service of the University. Subsequently he was granted
promotion to the post of Reader, which promotion was approved
by the University Constituent College Service Commission.
Thereafter in due course he was promoted to the post of
Professor, which was duly concurred and approved by the
University Constituent College Service Commission. While
working as Professor, petitioner applied for a post in Delhi
University and was duly selected. Upon his joining Delhi
University as Professor in Botany , Bhagalpur University by
order of the Vice Chancellor cancelled his lien to the post in
Bhagalpur University and forwarded all papers and service book
to Delhi University. Thereafter there were dues left for which
petitioner moved the authority of Bhagalpur, failing which he
came to this High Court and upon direction of this Court they
were to consider the same. While doing so, now without notice
to the petitioner or without granting petitioner opportunity,
University has shifted the date of promotion to the post of
2
Reader and consequently petitioner becomes disentitled for
Professorship at the moment. Petitioner is against this action
taken unilaterally and that too after lien has been cancelled.
Consequence would be that once lien has been cancelled, the
master and servant relationship ended and no further action
could be taken by the University and to re-determine the
promotional date which even otherwise University is
incompetent to interfere after approval having been granted by
the Commission.
Learned counsel for the petitioner further states that
once the matter has been settled and determined by the
Commission, University could not re-open the matter.
Let learned counsel for the University take
instruction and file a comprehensive counter affidavit, so that the
matter may be disposed of at the stage of admission itself.
Put up for admission, as a zero item, on 27.9.2010.
Till further orders of this Court, the impugned
notification of the University being notification no. 81/2010,as
contained in Annexure 13, in so far as it relates to the
petitioner, shall remain stayed.
( Navaniti Prasad Singh, J.)
singh