IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7855 of 2008 ====================================================== DR. GITA SHARAN PRASAD YADAV, S/O LATE NIRASH PRASAD YADAV, LECTURER IN POLITICAL SCIENCE, DEPARTMENT OF RAM KRISHNA DWARIKA COLLEGE, LOHIA NAGAR, PATNA RESIDENTIAL ADDRESS-PHARMACEUTICAL COLONY, NEAR BHOOTHNATH ROAD, PATNA-800026, P.S.-AGAMKUAN, SUB-DIVISION, PATNA CITY, DISTRICT-PATNA, STATE-BIHAR. .... .... Petitioner/s Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA-15. 2. THE PRINCIPAL SECRETARY, GOVT.OF BIHAR (HIGHER EDUCATION) HUMAN RESOURCES DEVELOPMENT DEPARTMENT, VIKASH BHAWAN, PATNA SECRETARIATE, PATNA-15. 3. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, P.O.-BODH GAYA. 4. THE REGISTRAR, MAGADH UNIVERSITY, P.O.-BODH GAYA, GAYA. 5. THE PRINCIPAL, DWARIKA COLLEGE, P.O.-LOHIANAGAR, PATNA-20. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Upendra Prasad For the Respondent/s : Mr. (Ga2) Mr. Yugal Kishore Mr. Sarvesh Kumar Singh ====================================================== 2 12-07-2011 Petitioner has filed this writ application for a direction to the respondents to grant him time bound promotion counting 10 years of his service from the date of his initial appointment which according to him completed on 17.01.1993. However, from the notification of the University, as contained in Annexure-4 with the supplementary affidavit, it is apparent that, in view of the Apex Court judgment in C.A. No.6098 of 1997 (popularly known as Agrawal Commission report case), the petitioner's services were absorbed with effect from 28.05.1988. Hence, the petitioner's services can be counted only from that day for his promotion under Time Bound Promotion Scheme. As he did not complete 10 years of service till the date Statute was in operation, that prayer of the petitioner is not fit to be allowed. However, learned counsel for the petitioner submits that the petitioner is also entitled for benefits of ACP Scheme for which respondents may be directed to consider his case. Since the said prayer is not made in the writ application, this Court cannot direct the University to consider his case for the same. However, petitioner will be at liberty to file a detailed representation before the University raising her claim for grant of benefits of ACP Scheme in accordance with law. If such a representation is filed, the University shall consider the same and pass appropriate orders in accordance with law. Arvind/ (Jayanandan Singh, J.)