Patna High Court MJC No.982 of 2011 (7) dt.24-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.982 of 2011 ====================================================== Dr. Maninath Choudhary .... .... Petitioner/s Versus The T.M. Bhagalpur University .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Purushottam Kumar Jha For the Respondent/s : Mr. S.S. Shabbar Hussain Gp4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 7 24-10-2011 This application had been filed by the petitioner for initiating a proceeding for contempt against the Opposite parties for their intentional, willful and deliberate disobedience of the order dated 18.5.2010 passed in CWJC No. 5992 of 2010. The direction of this Court in this application was to consider individual cases of the petitioner, if petitioner will file fresh representation along with his claim. In case the claims are rejected, reasoned order must be passed. Petitioner filed his representation through his lawyer claiming for arrears of salary, the representation was not disposed off and payment also not made. Show cause was filed on behalf of the University stating that the reasoned order has been passed by the University on 16.9.201 and total admissible amount of Rs. 4,41,324 has been Patna High Court MJC No.982 of 2011 (7) dt.24-10-2011 paid. From the reasoned order, it transpires that promotion of the petitioner as Reader under 10 years Time Bound Promotion Scheme granted to him vide notification no. G.A- 17/99, dated 11.1.1999 has been deemed to be cancelled automatically as the promotion had been granted on this condition that in case of non-receipt of recommendation of the University Service Commission, promotion shall automatically stand cancelled. Since Commission recommendation was not received, promotion will be deemed to be cancelled.On account of cancellation of promotion, admissible arrear for salary claimed by the petitioner in lecture’s scale has been released and the payment has been made. Petitioner has filed his rejoinder, annexing the decision of High Court in the similar matter, in Neelam Verma’s case. In Neelam Verma’s case also the promotion was subject to the recommendation of the Commission, but the University Service Commission did not make recommendation and promotion was deemed to be cancelled. Challenging this writ application was filed. Writ application was allowed considering the fact that the failure of Commission, petitioner cannot not suffer. The Neelam Verma’s case should have Patna High Court MJC No.982 of 2011 (7) dt.24-10-2011 been considered by the University, while passing reasoned order, as circumstance was identical. This matter is being disposed off, giving liberty to the petitioner to file fresh representation before the Vice Chancellor of the University. The Vice-Chancellor of the University shall consider the case of the petitioner in the light of Neelam Verma’s case within a period of twelve weeks from the date of receipt/communication of this order. Arrears of salary payable to the petitioner shall be considered afresh. Arun Kumar/- (Mridula Mishra, J)