IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3532 of 2007 DR.ASHOK KUMAR ACHAL, son of late Shiv Dayal Prasad, resident of village Safepur, P.O. Kako, P.S. Kako, District Gaya at present Jehanabad, at present residing at Gandhi Nagar, Ramchandrapur, P.O. Biharsharif, P.S. Laheri, District Nalanda ... Petitioner Versus 1. MAGADH UNIVERSITY, Bodh Gaya, P.O. Bodh Gaya, District Gaya through the Vice Chancellor 2. The Vice Chancellor, Magadh University, Bodh Gaya, P.O. Bodh Gaya, District Gaya 3. The Registrar Magadh University, Bodh Gaya, P.O. Bodh Gaya, District Gaya 4. The Finance Officer, Magadh University, Bodh Gaya, P.O. Bodh Gaya, District Gaya 5. The Principal, Kisan College, Sohsarai, Nalanda- 803118 ... Respondents ----------- 2. 29.9.2010 Having heard counsel for the petitioner and the counsel for the University as with regard to the following relief: “(i) The respondents be directed to promote the petitioner to the post of Reader in the Department of Mathematics, Kisan College, Sohsarai, Nalanda after computing the period of service rendered by him in Pairu Mahto Somri College Paharpura, Nalanda an affiliated College of Magadh University, Bodh Gaya, Gaya from 1980. (ii) The respondents be further directed to give all the monetary benefits legally admissible and payable to a Reader with effect 2 from the effective date of his promotion as a Reader.” and the following stand of the University in paragraph 7 of the counter affidavit: “ That there are three schemes of promotion of teachers: (A) Time bound promotion scheme- He is not eligible to be promoted under this scheme as the time bound promotion scheme is effective upto 23.9.1995. (B) Merit promotion scheme- This scheme is effective upto 20.7.2001. He joined in Magadh University on 18.5.1998. A Lecturer working not less than 4 years at a place is only eligible to be considered for promotion to the post of Reader under Merit Promotion Scheme counting the span of 4 years of his service at Kisan College, he is eligible after 18.6.2002 while the scheme is effective upto 20.7.2001. Hence, the petitioner is not entitled to get promotion under both the schemes. (C) Career Advancement Scheme- The petitioner may be promoted only to the post of lecturer in senior scale for which his application has been forwarded by the Principal, Kisan College, Sohsarai on 18.10.2005. The case of promotion of lecturers to the post of lecturer in senior scale under 3 Career Advancement Scheme is under process. A duly constituted committee has been formed after receiving the letters from the State Government and Governor’s letter no. 2/M-1-96/2003/Higher Edu-336 dated 24.2.2006 and BSO- 3/2006-1648/GS (i) dated 13.5.2006 respectively regarding nomination of members for the said committee for screening the cases of promotion under C.A.Scheme.” this Court would direct the respondent University to consider the case of the petitioner for promotion under Career Advancement Scheme within a period of six months from the date of receipt/ production of a copy of this order in which period the petitioner also must be paid any financial benefit, if any, that may become available on account of grant of promotion to the petitioner. The authorities of the respondent University at the same time would also be required to look into the grievance of the petitioner as with regard to effective date of his promotion and if it is made with effective from any other date beyond the one as prayed in this writ application, they will have to give reasons 4 for fixation of such date of promotion of the petitioner. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/