Shailendra Pathak vs Vinobha Bhave University and Others

M.Y. Eqbal, J.—A counter affidavit has been filed on behalf of the respondent No. 4, Principal of the College. No counter affidavit has been filed by the respondent Nos. 1 to 3, namely the Vinobha Bhave University and its authorities.

The grievance of the petitioner is that although he has been working for the last 16 years in the college but his appointment/ promotion in Grade III has not yet been confirmed. In 1985 the petitioner was appointed as Specimen Collector in the Department of Botany, Bokaro College, Bokaro, after adopting the due procedure of selection. The petitioner was promoted to the post of store keeper with effect from 10.11.87 in anticipation of approval of the Ranchi University. It is stated that till date the appointment of the petitioner has not been confirmed.

The respondent No. 4 in his counter affidavit has stated that the case of the petitioner for promotion as store keeper was sent to the University in 1989 itself but no decision has been taken by the University.

As noticed above, the respondent-University was directed to file counter affidavit by order dated 20.2.2001. It is unfortunate that till date no counter affidavit has been filed. The respondent No. 4 in the counter affidavit has not disputed the fact that the petitioner was appointed on a sanctioned Class IV post after observing due process of appointment. In 1987 he was given promotion to the post of store keeper. The petitioner has been working as store keeper on the promoted post for the last 12-13 years but no decision has been taken for confirmation of his promotion.

In such a situation, I dispose of this writ application with a direction to the University to immediately and forthwith issue necessary order confirming the promotion of the petitioner to the post of store keeper. Such decision must be taken by the University within 30 days from the date of receipt of a copy of this order. It is needless to say that the petitioner is entitled to all the monetary benefits with effect from the date of his promotion.

Writ application disposed of.