IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11025 of 2007 BAL KRISHNA SHARMA, Son of Late Mohan Sharma, resident of village-Dhanga, Police Station-Jahanabad, District-Jahanabad, At present posted as Assistant, S.S. Collage, Jahanabad. ------------Petitioner Versus 1. THE CHANCELLOR,MAGADH UNIVERSITY BODH GAYA at Governor House Patna, Distt.-Patna. 2. The Vice-Chancellor, Magadh University, Bodh Gaya, Dist- Gaya 3. The Registrar, Magadh University, Bodh Gaya, District- Gaya. 4. The Principal, S.S. College, Jahanabad, P.S.+District- Jahanabad. --------------Respondents ----------- 2 27.10.2010 No one appears for the State, Counsel for the University is present. In this writ application the petitioner’s prayer reads as follows: “i) To direct the respondent authority to give consequential benefit of the petitioner from the date of his due promotion. In view of the fact that the petitioner, who was working as a head clerk was not been promoted on the post of section Officer & in other hand, junior to the petitioner got promotion on the post of sectional Officer”. The University has filed a counter affidavit wherein it has been stated as follows: “5.That the petitioner, who was working as Head Clerk in S.S. College, Jahanabad, retired on 31 December’ 2000. 6. That by decision and notification dated 2.5.88 the University decided two post of Sactional Officer is each college, one 2 in general Assistant cadre and another in account section of the college concern. At that time in S. S. College, Jehanabad Shri M.D. Singh was appointed and since 2.5.88 working as head assistant and from same date Shri Surendra Nr. Sharma as Accountant. Shri M. D. Singh, retired in 1991 and the petitioner being senior most became legible for the post and Shri Surendra Nr. Sharma retired in 1997 and the respondent no. 5 become entitled to the post. 7. That it is most relevant to state here that by the order the than principal S. S. College, Jehanabad (Resp. No. 4) had recommended the name of the petitioner alongwith Sri Ram Janam Sharma for the post of Section Officer and regarding the same a letter was issued by Ref. No. 157 of 2000, dated 21.06.2000 and the same was received by the office of the Registrar. 8. That the petitioner was appointed on 01.02.1963 is coming serving the college against permanent sanctioned post of assistant since 01.02.1963 where as the respondent no. 5 is coming service the college from 18.02.1963 as accountant. On 7.5.1973 the college took decision and sent the list of post to the university. In said list the post of collection clerk (against which the petitioner is serving) has been shown existing and filled up since 1.2.1963 is serial no. 4 and the post of accountant (against which the respondent no. 5 is service since 18.2.1963 in serial no. 5. 9. That in the meeting dated 8.3.1968 the government body of the college confirmed the college staff and prepared the list in order of seniority in which the name of the petitioner being working since 1.2.1963 stands in serial no. 4 and the respondent no. 5 being working since 18.2.1963 stands in serial no. 5.” Additionally it has also been explained with the help of the order of the Magadh University dated 14.9.2007 (Annexure-R/2) that the Government had 3 refused to sanction the post of Sectional Officer in the constituent Colleges and as such the Colleges were asked not to send any recommendation of anyone working as Head Clerk and Accountant for their promotion on post of Sectional Officer of the College. There is no rejoinder to the said counter affidavit nor is the counsel for the petitioner present. This Court, therefore, on perusal of the respective pleadings of the parties is fully satisfied with the grievance of the petitioner as with regard to his promotion is fully misconceived and in fact his comparison with the case of one late Satya Narayan Singh is also wholly untenable. That being so, this application has got no merit and is, accordingly, dismissed. Prakash/Anand Kr. ( Mihir Kumar Jha, J.)