IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7514 of 2007 Krishna Kumar Yadav, son of Late Gorelal Yadav, resident of Village and Post Kulharia, P.S. Parbatta, District- Khagaria, at present working as Lab Incharge in the Department of Physics in Koshi College, Khagaria, P.S.+ P.O.+ District- Khagaria …. Petitioner Versus 1.The State Of Bihar 2.The Secretary, Higher Education Department, Govt. of Bihar, Patna 3.Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar 4.The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur 5.The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur 6.The Principal, Koshi College, Khagaria, P.S.+ P.O.+ District- Khagaria …….. Respondents ----------- 2. 26/08/2009 Heard learned counsel for the petitioner and learned counsel for the University. In this writ application, petitioner has prayed for a direction to the respondents for payment of his salary with effect from 25.9.1985 till date. Case of the petitioner is that he was initially appointed as Lab Incharge by the Principal of the College on 4.1.1983 and he was paid some remuneration. However, as admitted by him in Annexure-6 itself, his salary was stopped on the orders of the University after 25.9.1985. Petitioner claims that in spite of stoppage of his salary, he continued to work in the College. Along with the writ application, there is no - 2 - document to show that he was working during that period. However, there is one letter of the Principal of the College dated 7.8.2006, annexed as Annexure-10, addressed to the Registrar of the University, mentioning that petitioner had continued to work even after that, in spite of stoppage of payment of salary. Learned counsel for the University submits that the writ application is fit to be dismissed on account of delay and laches itself as well as on account of the fact that no specific document has been produced by the petitioner in respect of his continuing in College even after stoppage of his salary in September, 1985. Submission of learned counsel for the University is correct, but for the fact that the petitioner has produced one letter of the Principal on record addressed to the Registrar of the University, as contained in Annexure-10, in which incharge Principal of the College has certified that the petitioner has continued to work in the College till date after September, 1985. Since the Incharge Principal has certified about the work of the petitioner, matter needs enquiry. Therefore, this writ application is - 3 - disposed of with a direction to the Registrar of the University to hold an enquiry himself or get an enquiry held by a senior officials of the University, from the records of the College and any other material which may be found relevant, to ascertain as to whether petitioner had actually worked in the College during the period or not. In case, it is found that the petitioner has actually worked in the College continuously since September, 1985 till date, then only his case for payment of any remuneration shall be considered by the University. The Registrar of the University shall also consider that if petitioner has been allowed to continue in College without any authority of the University, then who will be responsible person for payment of wages/salary of the petitioner for working in the College without any authority and without any knowledge of the university. It is expected that the Registrar shall complete the entire exercise within three months from the date of receipt/production of a copy of this order and take final decision either way. With the above observations, this writ application is disposed of. Pradeep/ (J. N. Singh, J.)