Dismissed

Parashu Ram Singh v. Jai Prakash University and Ors.

Patna HC2 May 2014CWJC/3250/2013

Case brief

AI extract

What is this about?

The Patna High Court rejected a claim for retrospective promotion as unsustainable because the Principal lacked jurisdiction to grant it without University approval. The court held the petitioner must compete with other eligible candidates under new statutes.

What did the court decide?

The writ application is disposed of; the petitioner must be examined with other eligible candidates for future promotion.

Parashu Ram Singh Vs Jai Prakash University… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3250 of 2013

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====================================================== Parashu Ram Singh, S/O Late Kapildeo Singh, R/O Village- Domdih, P.O.Sewatapur, P.S.- Mairwa, District- Siwan, presently working as Incharge Head Clerk, Hari Ram College, Mairwa, District- Siwan .... .... Petitioner/s Versus 1. Jai Prakash University, Chapra through the Vice Chancellor 2. The Vice Chancellor, Jai Prakash University, Chapra 3. The Registrar, Jai Prakash University, Chapra 4. The Principal Hari Ram College, Mairwa, P.O. & P.S.- Mairwa, DistrictSiwan. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. S.B.K.Manglam, Advocate. For the Respondent/s : Mr. Viveka Nand Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 02-05-2014 Heard learned counsel for the parties. Having regard to the fact that the petitioner has sought a direction from this Court for his promotion to the post of Head Clerk in Hari Ram College, Mairwa, Siwan (hereinafter referred to as 'the College') since 09.02.1993, this Court has gone into the basis of such claim.

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It appears that the petitioner wants such promotion to be anti-dated with effect from 09.02.1993 only on the basis that the Principal of the College had, by his letter dated 30.05.2005, had given promotion to the petitioner subject to the approval by the

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Patna High Court CWJC No.3250 of 2013 (2) dt.02-05-2014

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2/2

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University.

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First of all, the Principal of the College in question, which is a constituent college, has no power to give promotion on the post of Head Clerk. Secondly, the order of promotion was issued on 30.05.2005 but the same did not receive approval of the University and rightly so because the Principal himself had no jurisdiction to give such promotion.

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In that view of the matter, the claim of the petitioner for retrospective promotion with effect from 09.02.1993, even when the illegal order of promotion was passed by the Principal only on 30.05.2005, is wholly unsustainable either on fact or in law. The petitioner or any other employee, in order to be considered for promotion, has to qualify in terms of the Statutes framed by the learned Chancellor and, therefore, the only thing which may be said, while disposing of this writ application, is that the case of the petitioner should be examined along with other eligible persons for promotion on the post of Head Clerk in view of the recently framed Statutes by the learned Chancellor.

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With the aforementioned observation this writ application is disposed of.

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(Mihir Kumar Jha, J)

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Sujit/-

Parashu Ram Singh v. Jai Prakash University and Ors.

Case brief

What is this about?

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Parashu Ram Singh v. Jai Prakash University and Ors.

Case brief

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