IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8468 of 2002 Arjun Sharma, Son of Sri Raghubansh Sharma, Resident of Village Karauta, Post Shakurabad, P.S. Paras Bigha, Distt. Jehanabad, at present working as Store-Keeper in Zoology Department in S.S. College, Jehanabad. ------- Petitioner Versus 1. The State of Bihar. 2. The Joint Secretary, Higher Education Department, Government of Bihar, Patna. 3. The Magadh University, Body-Gaya, District Gaya, through its Registrar. 4. The Vice Chancellor, Magadh University, Body-Gaya, District Gaya. 5. The Registrar, Magadh University, Bodh-Gaya, Dist. Gaya. ---------- Respondents ----------- 4 19.07.2010 Heard Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner and counsel for the State as also counsel for the Magadh University. In this writ application, the prayer of the petitioner reads as follows:- “1. That this is an application for issuance of appropriate writ(s)/direction(s)/ for quashing of letter no. 3076/M dated 11.6.2002 issued by respondent no.2, whereby and whereunder the pay entitlement of petitioner has been fixed and approved for the post of Lab Boy in S.S. College, Jehanabad and for direction(s) to the respondents to fix and approve the pay entitlement of petitioner for the post of Store-Keeper on which post he has been working with effect from 14.03.1988 in S.S. 2 College, Jehanabad till date.” With reference to the aforementioned prayer, Mr. Singh would submit that once the competent authority of the University, namely, Vice Chancellor had already taken a decision for promotion of the petitioner on the post of Store Keeper in the department of Zoology by an order dated 27.1.1988 (Annexure-2) and the same was also conveyed to this Court as recorded in an inter-parte order in a writ application filed by the petitioner against the Vice Chancellor of the Magadh University in CWJC No. 5156 of 1987 disposed of on 7.3.1988 mentioning the aforementioned decision and order of promotion of the petitioner dated 27.1.1988, it would not be open for the University to take an adverse decision in the matter of fixation of pay-scale including the order of promotion. Counsel for the State and the Magadh university have not filed any counter affidavit despite the fact that this writ application has remained pending for more than last eight years. There oral submission 3 and reliance placed by the counsel for the Magadh University on the communication as contained in Annexure-1 that it was based on a Government decision and therefore, it was for the counsel for the Satate to explain the same and vis-à-vis the stand of the counsel for the State that such fixation of pay of the petitioner in fact was made not only in terms of the general direction given by this Court in its order dated 21.2.2000 in CWJC No. 5859 of 1996 but only on the basis of the document made available by the University, would only create a situation of confrontation between the respondents. The petitioner’s promotion having been already being notified by the University vide Annexure-2, unless the same was cancelled or unless there a finding recorded that the Vice Chancellor of the University had given such promotion even in absence of a duly sanctioned post and thus in violation of Section 35 of the Bihar University Act, the petitioner could not be deprived from getting of his such promotion from Lab Boy to Store Keeper. 4 This Court, however, in absence of counter affidavit would not like to put a final word but then while disposing of this matter for a decision to be taken by the Secretary of the Higher Education Department, must indicate that if the order of promotion of the petitioner was correct as was sought to be conveyed by the counsel for the University even today and also recorded in the inter-parte order dated 7.3.1988 in CWJC No. 5156 of 1987, the petitioner would be entitled for pay-fixation benefit as a Store Keeper and not as a Lab Boy from the date of his promotion. In view of the fact that this writ application has remained pending for more than last eight years and the petitioner has already superannuated from service, the necessary decision by the Education Secretary, Higher Education must be taken within a period of six months from the date of receipt/production of a copy of this order and if while taking such decision, the Government will be in need of any document already not supplied by the University, the 5 same shall be made available by the University to the Government within a period of four weeks of its being requisitioned by the Secretary, Higher Education. It is, however, made clear that in no event, such a decision should be kept pending beyond the prescribed period i.e. six months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ application is disposed of. Rsh (Mihir Kumar Jha, J.)