post of Professor has not been extended reason being that there is no recommendation of the Commission. One of the similarly situated candidates, namely Mohnath Jha, who has been granted promotion to the post of Professor w.e.f. 01.02.1985 but not extended the benefit of the post of Professor, approached this Court by filing writ petition being C.W.J.C. No. 5746 of 2001 and a learned Single Judge of this Court vide order dated 11.12.2002 has passed an order after taking into consideration the applicability of the provisions of Section 58(10) of the Bihar State University Act, 1976, which came into effect from August, 1993, providing therein that any promotion given will be valid only for six months unless the concurrence of the Commission is obtained. The Court has come to the conclusion that since the said Mohnath Jha has been granted promotion vide order dated 24.12.1986 and the provision of Section 58(10) of the Bihar State University Act, 1976 came into being in the month of August, 1993, which cannot have a retrospective application and, therefore, passed an order holding the said Mohnath Jha the pay scale of the post of Professor. Such direction has been passed by another learned Single Judge of this Court basing upon the judgment rendered by the Hon’ble Apex Court in State of Bihar v. Dr. Braj Kumar Mishra & Ors (supra) . Subsequently, the Letters Patent Appeal preferred against the said order being L.P.A. No.35 of 2003 has also been dismissed being not pressed as is evident from the order dated 02.04.2003 passed therein.
