IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5980 of 2000 NARESH PRASAD RAMA S/O BALDEO RAMA, UNIVERSITY PROFESSOR AND HEAD OF DEPARTMENT OF ZOOLONGY, S.P. JAIN COLLEGE, SASARAM. ------ PETITIONER Versus 1.VEER KUNWAR SINGH UNIVERSITY,ARA, THROUGH ITS VICE-CHANCELLOR 2. THE REGISTRAR, VEER KUNWAR SINGH UNIVERSITY,ARA 3. THE PRINCIPAL, S.P. JAIN COLLEGE, SASARAM 4. BIHAR STATE UNIVERSITY (CONSTITUENT COLLEGES) SERVICE COMMISSION, PATNA THROUGH ITS CHAIRMAN. 5. SECRETARY, BIHAR STATE UNIVERSITY(CONSTITUENT COLLEGES) SERVICE COMMISSION,PATNA. ------RESPONDENTS ------------------- For the petitioner: Mr. Sunil Kumar Singh, Advocate For the University: Mr. Ajay Bihari Sinha, Advocate. 5 11.11.2008 Learned counsel for the petitioner first presses I.A. No. 6528/2008 seeking substitution in place of petitioner who is said to have died on 23.02.2008 by his widow Smt. Lalita Rama. There is no opposition to the prayer in the interlocutory application. Accordingly, substitution is allowed. Heard learned counsel for the petitioner and learned counsel for Veer Kunwar Singh University, Ara. Petitioner is aggrieved by notification of the respondent university dated 30.06.1997 annexure-1 in so far as it relates to the petitioner because by this notification his date of promotion on the post of university professor was notified to be 03.12.1989 as per recommendation received from the Bihar State Universities service commission whereas according to notification of the concerned University then (Magadh University) dated 07.11.1991 annexure-6 petitioner was promoted to the post of 2 University professor in S.P.Jain college, Sasaram with effect from 16.09.1988. On behalf of the petitioner it has been submitted that petitioner is being deprived of about 15 months of tenure on the promoted post of University professor only because the Bihar State Universities Service Commission (hereinafter referred to as the commission) was not given full information by the University that prior to his joining in S.P. Jain College, Sasaram on 03.12.1964 petitioner had joined as Lecturer in A.N.S. college, Barh on 16.09.1963 and on leaving that college on 31.01.1964 he had joined S.M.D. College Poonpun on 01.02.1964 and had continued there till 2nd December 1964. According to learned counsel for the petitioner this period of continuous service as Lecturer was accepted by the respondent University and on that basis the notification dated 07.11.1991 annexure-6 was issued granting promotion to the petitioner on the post of University Professor on his completing 25 years of service in terms of statutes for time bound promotion of Lecturers to the post of readers and readers to the post of University Professors. On behalf of petitioner it has further been submitted that subsequently, the matter was being re-examined by the Commission and the University sent all the relevant papers to the Commission on 20th of July 2005 but before any final decision the Commission has been abolished and the power of the Commission now vests with the University itself. 3 Considering the nature of dispute and the facts noticed above, this Court is of the view that petitioner’s case should be re-considered by the respondents University afresh in the light of all the relevant materials available with the University at an early date preferably within three months. The reference to the word petitioner in this order would mean the original writ petitioner namely Naresh Prasad Rama who has now been substituted by his widow. The writ petition is allowed to the aforesaid extent. Sym ( Shiva Kirti Singh, J.)