IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.25 of 2003 Prof. Shankar Prasad Thakur, Son of late Pandit Bhujangi Thakur, Resident of Mohalla Rangabhumi, P.S. Khajanchi Hat, District Purnea. ------------ Petitioner Versus 1. The Bihar State Universities (Constituent Colleges) Service Commission, Gokul Marg, North Shrikrishnapuri, Patna-800013 through its Secretary. 2. The Chairman, Bihar State Universities (Constituent Colleges) Service Commission, Gokul Marg, North Shrikrishnapuri, Patna 800013. 3. The Secretary, Bihar State University (Constituent Colleges) Service Commission, Gokul Marg, North Shrikrishnapuri, Patna 800013. 4. The B.N. Mandal University, Laloo Nagar, Madhepura through its Registrar. 5. The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura. 6. The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. ---------- Respondents ----------- 3 02.07.2010 Heard learned counsel for the petitioner and counsel for the University. The prayer of the petitioner in this writ application reads as follows:- “1. That this writ application has been filed for commanding the respondent Bihar State Universities (Constituent Colleges) Service Commission, Gokul Marg, North Shrikrishnapuri, Patna (hereinafter referred to as „The Commission‟) and its authorities to revise the effective date of promotion of the petitioner to the post of University Professor of Commerce under 25 years Time Bound Promotion Scheme from 1.6.1986 to 1.2.1985, from which the date the petitioner 2 was initially granted promotion to the post of University Professor of Commerce on provisional basis vide L.N. Mithila University Notification contained in Memo No. VCR 4020-75/88 dated 12.4.1988 (Annexure-2).” As with regard to the aforementioned prayer, learned counsel for the petitioner would submit that it is true that the petitioner had retired from service on 31.12.1989 but then as is now the University and the earlier Bihar State Universities (Constituent Colleges) Service Commission had made it virtually a practice to keep the incidence of service and its consequential benefit pending for long stretches of time as a result whereof the certainty in the matter of payment of salary and pension could have never become final. Mr. Gyanendra Rai, learned counsel for petitioner in this context would explain the relevance of the prayer in this writ application, inasmuch as, the commission by letter no. 45/A dated 21.4.1999 had granted concurrence for promotion of the petitioner from the post of Reader to the post of University Professor with effect from 3 1.6.1986 and consequently, the same was also notified by the University by its notification no. 10358-10414/99 dated 17.6.1999. Mr. Rai would submit that when the juniors to the petitioner were given such concurrence and resultant promotion with effect from 1.2.1985, there would be no reason for not giving the petitioner the same benefits. As noted above, counsel for the University would draw a blank face. Neither he has the file with him nor any counter affidavit has been filed by him. In such a situation, now when the Commission has already been disbanded and dissolved and the power of the Commission also has been vested in the University itself, this Court would direct the Vice Chancellor of the B.N. Mandal University to decide the claim of the petitioner as raised in Annexure-5 to this writ application. For the sake of convenience and in order to expedite the matter, the petitioner may himself file a copy of the said representation along with his fresh 4 representation and the same would be thereafter disposed of by the Vice Chancellor of the University strictly in accordance with law within a period of three months of its receipt by him. It, however, goes without saying that if on account of such shifting of the date of promotion of the petitioner from 1.6.1986 to 1.2.1985, he would be entitled to any monetary relief which has been also given to his juniors, the same will also be extended to him in next three months of such order of the Vice Chancellor. With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)