IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2377 of 2007 SHIV SHANKAR RAI YADAV, son of late Ram Lakhan Rai, resident of village Mankauli, P.S. & P.O. Kurhani, District Muzaffarpur … Petitioner Versus 1. BABA SAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY, Muzaffarpur, through its Registrar 2. Vice Chancellor, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur 3. Registrar, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur 4. Finance Officer, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur 5. Jay Prakash University, Chapra, through its Registrar 6. Vice Chancellor, Jay Prakash University, Chapra 7. Registrar, Jay Prakash University, Chapra 8. Finance Officer, Jay Prakash University, Chapra … Respondents ----------- 2. 2.8.2010 Heard Mr. Indu Shekhar Prasad Sinha, learned Senior counsel for the petitioner, Mr. Shivendra Kishore, learned counsel for J.P.University and Mr. A.B.Sinha, learned counsel for Bihar University. The prayer of the petitioner, who has retired from service way back on 31.10.1997 in this third round of litigation reads as follows: “i. Directing the respondents to modify the orders dated 7.7.88 (Annexure 2) and 5.1.92 (Annexure 3) by which the petitioner’s pay was fixed at Rs. 1680/- in the 2 Professor’s scale and at Rs. 4500/- in the aforesaid UGC revised scale respectively and refix the pay of the petitioner at Rs. 2250/- in the Professor’s scale of pay of Rs. 1500-60-1800-100-2000-125/2-2500 as admissible w.e.f. 1.4.85 and correspondingly fix the pay of the petitioner at Rs. 5575/- in the UGC revised scale of pay of Rs. 4500- 150-5700-200-7300 with effect from 1.1.86. ii. Directing the respondents to pay forthwith the arrears from 1.4.85 to 31.12.95 on such fixation, to the petitioner together with the interest thereon till the date of payment as has been calculated tentatively by the petitioner vide Annexure 11. iii. Directing the respondents no. 1 to 3 to pay the other arrears of the petitioner which relates to the period of 1.6.69 to 1.4.85 amounting to Rs. 3,41,267/- with interest thereon.” Mr. Sinha would submit that earlier this Court in C.W.J.C.No. 8130/2004 by an order dated 16.8.2005 had directed both the Bihar University as also J.P.University to consider the grievance of the petitioner and pass an order with regard to various claims 3 putforward by the petitioner. In this context he has drawn the attention to an order passed by the Vice Chancellor of J.P.University dated 29.11.2005 but his grievance is that a similar order was never passed by the Vice Chancellor of Bihar University. Mr. A.B.Sinha appearing for Bihar University would submit that a contempt application was filed by the petitioner alleging non-compliance of the aforementioned order dated 16.8.2005 in C.W.J.C.No. 8130/2004 which was dismissed for default and therefore, this Court should treat the chapter to be closed. Mr. Shivendra Kishore would submit that the claim of the petitioner after November, 1992 stands settled and therefore, the petitioner cannot be paid anything by J.P.University. Strictly speaking the relief sought by the petitioner in this writ application as against the order dated 7.7.1998 and 5.1.1992 are not at all tenable, inasmuch as they relate to a claim of 15 to 19 years on the date such writ application was filed. 4 True it is that this Court had directed for disposal of the representation of the petitioner but that would not mean that a claim of the year 1988 could be reopened. The fixation of salary of the petitioner in the Professor’s pay scale and/or UGC revised pay scale was made way back in the year 1988 and if he had any grievance with regard to the same he had to move this Court while he was in service and at least before his retirement on 31.10.1997. The fixation of pay scale as per Government decision would also necessarily mean actual payment thereof and such payment after 20 years from any fund can only be possible if the petitioner was legitimately denied of such payment. When the petitioner was issued fixation statement, as contained in Annexures 2 and 3, and he did not challenge the same for good 15 to 19 years, such pay fixation statement cannot be subjected to any challenge in a fresh writ petition filed by the petitioner. In that view of the matter, while this Court would not allow the prayer made in this writ application to be agitated any 5 further but taking into account that there was a direction to dispose of the representation of the petitioner, the same may be disposed of strictly in accordance with law by the Vice Chancellor of Bihar University within a period of three months from the date of receipt/ production of a copy of this order. If by that order the petitioner becomes entitled for any amount the same may also be paid but then it is made clear that the chapter of the petitioner vis-à-vis J.P.University is closed for once and all. This application is, accordingly, disposed of. (Mihir Kumar Jha,J.) Surendra/