IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8080 of 2007 Md. Tahir Hussain, son of late Jauhar Hussain, resident of village-Noorahata, Post- Lakari Dargah, P.S. M. H. Nagar, District- Siwan. ------ Petitioner Versus 1. The State of Bihar. 2. The Secretary, Higher Education Department, Government of Bihar, Patna. 3. B.R.A. Bihar University, Muzaffarpur, through its Registrar. 4. Vice-Chancellor, B.R.A. University, Muzaffarpur. 5. The Registrar, B.R.A. University, Muzaffarpur. 6. Jai Prakash University, Chapra, through its Registrar. 7. The Vice-Chancellor, Jai Prakash University, Chapra. 8. The Registrar, Jay Prakash University, Chapra. 9. The Bihar State University (Constituent Colleges) Service Commission, Patna, through its Chairman. 10. The Chairman, Bihar State University (Constituent Colleges) Service Commission, Patna. ---------- Respondents ----------- 2 15.09.2010 Having heard learned counsel for the parties with regard to the following relief:- “ 1. That this is an application for issuance of appropriate writ(s)/ direction(s) to the respondents to grant promotion to the petitioner to the post of University Professor with effect from 9.9.1993 under 25 years time Bound Promotion Scheme and its consequential monetary benefits since then with interest. And/ or for any other appropriate relief(s) to the petitioner for which he may be found entitled to in the eye of law.” this Court would find that a final decision with regard to the promotion of the 2 petitioner on the post of Professor ought to have been taken in view of the fact that while the petitioner was in service, the Registrar of the University with the approval of the Vice Chancellor vide notification dated 6.7.1996 had issued an order of provisional promotion of the petitioner with effect from 9.9.1993, which was subject to the concurrence/approval of the Bihar State University (Constituent Colleges) Service Commission. It appears that the B.R.A. Bihar University, which had issued notification dated 6.7.1996 giving provisional promotion to the petitioner and four others, had also sent requisition seeking recommendation of the Commission but, the Commission had not decided the matter and had got ultimately dissolved sometime in the year 2007. The petitioner, in fact, having realized that the order dated 6.7.1996, granting temporary promotion was subject to the approval of the Commission, had to file this writ application on 11.7.2007 for his effective date of promotion and the consequential financial 3 benefit. As usual, there is no counter affidavit on behalf of either of the two Universities. Mr. A.B. Sinha, learned counsel for the B.R.A. Bihar University, however, says that he has instruction to submit before this Court that after abolition of the Commission, the power of the Commission has been vested in the University and the University is now going to decide the matter as with regard to the effective date of promotion of the petitioner. In the opinion of this Court, it has been now almost three years that the University had become the substitute of the Commission in view of the legislation abolishing the Commission and vesting its power in the University. The petitioner is a retired man now around 70 years of age and he has a right to know about his entitlement and payment of salary and retirement benefit in Professor pay-scale before he would leave this world. The petitioner, however, cannot get such relief unless the University and its authorities do the needful exercise as with 4 regard to deciding the effective date of promotion of the petitioner. In that view of the matter, this Court would direct both the Vice Chancellors of the B.R.A. Bihar University and Jay Prakash University to ensure that whatever has to be done as with regard to the consideration of the case of promotion of the petitioner must be done within a period of three months from the date of receipt/production of a copy of this order and any financial benefit to which the petitioner is found entitled also must be extended to him in the next three months. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)