IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.415 of 2008 Binayak Choudhary s/o late Govind Choudhary resident of Village Maurya Nagar Colony, Salempur PO Mirjanhat P.S. Jagdishpur Dist. Bhagalpur Plaintiff- Appellant-Appellant Versus 1. The Chancellor, Tilkamanjhi Bhagalpur University, Raj Bhawan, Patna. 2. Vice-Chancellor, Tilkamanjhi, Bhagalpur University, Bhagalpur 3. Tilkamanjhi, Bhagalpur University, Bhagalpur through its Registrar 4. The Registrar, Tilkamanjhi, Bhagalpur University, Bhagalpur 5. The Principal,Bhagalpur Evening College, Bhagalpur (Now National College, Bhagalpur) Defendants-Respondents Ist Party- Respondents 6. Khulanand Sah son of not known 7. Vyas Mandal son of Jamuna Mandal 8. Naresh Mohan Mishra son of not known 9. Shyama Kant Jha son of not known 10.Tarun Kumar Chatterjee son of not known 11.Nand Kishore Kumar son of not known 12.Ambika Lal Sah son of not known 13.Geeta Nand Prasad Singh son of not known 14.Nawal Kishore Kumar son of not known 15.Nand Kishore Sharma son of not known 16.Shreenandan Choudhary son of not known 17.Sadanand Roy son of not known All at Bhagalpur Evening College, Bhagalpur (Now National College, Bhagalpur) Defendants-Respondents2nd Party- Respondents ------------ For the Appellant: Mr M.S. Hoda, Advocate 08/ 03.05.2010 Heard learned counsel for the appellant. 2. This second appeal has been filed by the sole plaintiff- appellant-appellant challenging the judgments and decree of both the courts below. 3. The matter arises out of Title Suit no.58 of 1998 which was filed by the plaintiff for declaration that he was in continuous service of the respondents since 17.07.1970 and as such he is liable to be promoted from fourth grade to third grade from 17.07.1978 being the senior most - 2 - employee when other persons (defendants) were directly employed as third grade violating agreement dated 08.10.1977 arrived at between the representatives of the State Universities and College Employees Federation and Vice-Chancellor and also for declaration that the plaintiff was entitled to be given selection grade in salary and other benefits and action of the authorities in not employing the plaintiff from fourth grade to third grade was illegal without jurisdiction and the plaintiff be declared to be promoted from the date of his service on seniority basis with all consequential benefits after completion of ten years service as also for other ancillary reliefs. The said suit was dismissed on contest by Subordinate Judge VI, Bhagalpur vide his judgment and decree dated 06.10.1999. 4. Against the aforesaid judgment and decree of the trial court, the plaintiff-appellant filed Title Appeal no.39 of 2000( 25 of 2006) which was also dismissed on contest by Additional District Judge-cum- Fast Track Court No. IV, Bhagalpur, vide his judgment and decree dated 09.09.2008.Against the aforesaid judgments and decree of the courts below instant second appeal has been filed. 5. Both the courts below have found that the plaintiff was fourth grade employee in Bhagalpur Evening College, Bhagalpur (now National College, Bhagalpur) under Bhagalpur University (at present Tilakamnjhi Bhagalpur University) Bhagalpur and his case related to service matter but section 80(A) of the Bihar State Universities Act, 1976 specifically provides that no law suits and proceedings shall lie in civil courts with respect to implementation of provisions of the said Act, Statutes, Ordinances or Regulations. - 3 - 6. After some arguments learned counsel for the appellant seeks withdrawal of the second appeal with a liberty to move before the appropriate authority with respect to his grievance as per earlier order of this court dated 28.04.1997 passed in CWJC No. 8990 of 1989. 7. Considering the facts and circumstances of this case, the prayer of learned counsel for the appellant is allowed and this second appeal is dismissed as withdrawn with the aforesaid liberty. (S.N.Hussain,J) shahid