IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2317 of 2007 YOGESHWAR PRASAD YADAV, s/o Late Mungeshwar Prasad Yadav, r/o vill- Bank, P.S.- Moffussil, District- Munger. …. Petitioner. Versus 1. TILKA MANJHI BHAGALPUR University through its Registrar, Bhagalpur. 2. The Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 3. The Registrar, Tilka Manjhi, Bhagalpur University, Bhagalpur. 4. The Principal, Jagjiwan Ram Sramik Mahavidyalay, Jamalpur, Munger. … Respondents. ----------- 2. 15.09.2010 Having heard counsel for the petitioner and counsel for the Tilka Manjhi Bhagalpur University (hereinafter referred to as „ the University‟) in respect of the following relief; “(i) to direct and command the respondents to grant promotion to the petitioner on class III post i.e. Library Assistant w.e.f. 11.1.1982, the date on which the Principal Jagjiwan Ram Shramik Mahavidyalay, Jamalpur, Munger (hereinafter reffered to as the College) granted promotion to the petitioner in anticipation of approval from Tilka Manjhi Bhagalpur University (hereinafter referred to as University) (ii) Accordingly pay the arrear of the said post to him and, Any other reliefs as per the facts and circumstances.” this Court is of the view that while the petitioner cannot seek a direction from this Court for regularizing his alleged promotion given to him by the 2 Principal of the College w.e.f. 11.1.1982 but then as the petitioner‟s case for promotion appears to have been pending for consideration in the University for which the last communication was made by the Registrar of the University vide his Letter No. 3434 dated 25.7.2000, this Court would direct the Vice-Chancellor of the University to consider the case of promotion of the petitioner strictly in accordance with law within a period of three months from the date of receipt/production of a copy of this order. It is, however, made clear that the earlier alleged promotion given to the petitioner on 11.1.1982 by the Principal of the College, being in teeth of provision made under Section 10 of the Bihar State Universities Act empowering only the Vice-Chancellor to make appointment/ grant promotion to Class III and IV employees of the Universities and its constituent colleges, shall not be taken into consideration as with regard to fixing date of promotion of the petitioner or the payment of salary on such promotional post. Nonetheless, as the University has not filed any counter-affidavit in a span of more than three and half years and has conveniently kept 3 this Court in dark about the consideration of the case of the petitioner pursuant to its last communication dated 25.7.2000, this Court would only direct for consideration of the case of promotion of the petitioner at least from the date the University would find the petitioner eligible for grant of such promotion and/or his working on the said post on account of interim arrangement made by the principal of the college. Whatever date will be fixed by the University for the promotion of the petitioner in the event of allowing his claim of promotion must be only against a vacant sanctioned post which shall also become the basis for payment of actual salary of the promotional post and/or fixing of his pay by giving him notional benefit so that the petitioner is not made to suffer on account of delay in considering his case for promotion and its being notified now at the fag end of the service career. With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)