IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.13029 OF 2005 SHIV KANT JHA, SON OF LATE DEILI NANDAN JHA, RESIDENT OF VILLAGE SARA MAHAMADPUR, POLICE STATION SADAR, DISTRICT DARBHANGA VERSUS 1. KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, THROUGH ITS VICE CHANCELLOR AT DARBHANGA 2. THE REGISTRAR, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, DARBHANGA 3. THE FINANCE OFFICER, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, DARBHANGA 4. THE BIHAR STATE UNIVERSITY SERVICE COMMISSION, BAILEY ROAD, JAWAHARLAL NEHRU MARG, PATNA 5. THE SECRETARY, BIHAR STATE UNIVERSITY SERVICE COMMISSION, BAILEY ROAD, JAWAHARLAL NEHRU MARG, PATNA ********** 4 10/03/2011 The petitioner was appointed as a Lecturer in a private college, namely, Maharani Adhirani Rameshwarilata Mahavidhyalaya, Darbhanga. The College became a constituent College of the Kameshwar Singh Darbhanga Sanskrit University in the year 1982. The college promoted the petitioner as a Reader with effect from 01.02.1985 on 01.04.1990. The petitioner was also promoted to the post of Professor with effect from 01.02.1985 on 02.02.1994. At present, the petitioner is getting the provisional pension as a Lecturer. The prayer in the writ application is that his date of joining in the college should be considered from 30.12.1957 and not from 15.02.1982. The University Service Commission has counted the date of joining of the petitioner as 15.02.1982 and granted him promotion to the post of Reader with effect from 2 15.02.1992. This order has not been challenged by the petitioner. Now, challenge is being made by the petitioner that he ought to be granted promotion on the post of Professor and Reader by treating his date of joining as 30.12.1957. The petitioner on the other hand submits that the University Service Commission in fact had asked the University vide letter dated 29.12.2004 as contained in Annexure-11 to send details regarding the services of the petitioner. The Registrar of the University has given a reply which is contained in Annexure-1 regarding these facts and has written to the Commission that the petitioner is entitled to be promoted to the post of Reader from 01.02.1985 and has asked the Commission to change the date of the promotion of the petitioner as a Reader. In view of the facts stated aforesaid, there cannot be any doubt regarding the fact that the petitioner would be entitle to be granted his retiral benefits treating him to be a Reader with effect from the date on which he was appointed vide Annexure-7. The prayer of the petitioner to pay his retiral benefits after considering the full period on which the petitioner has worked i.e. from 30.12.1957 to 31.05.1995 ought to be considered by the Vice Chancellor of Kameshwar Singh Darbhanga Sanskrit 3 University, in case the petitioner files any representation to this effect. If the representation is filed by the petitioner within a period of six weeks from the date of receipt of a copy of this order, the Vice Chancellor of the Kameshwar Singh Darbhanga Sanskrit University may take a decision in the matter or refer the matter to the competent Committee to take a decision regarding the prayer of the petitioner in the writ application. I may clarify here that the Bihar State University Service Commission has rejected the plea of the petitioner on 13.06.2005 referring to the letter dated 13.04.2005 issued by the Registrar, Kameshwar Singh Darbhanga Sanskrit University. The question as to whether the petitioner’s services should be counted for the purpose of paying his retiral benefits from 1957 i.e. the date of his joining in the college in question will now have to be considered by the University in accordance with law after considering the judgment in the case of Braj Kishore Singh & Others vs. The State of Bihar & Others (FB) [1997 (1) PLJR 509] which the petitioner relies upon to substantiate his submissions. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )