IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.123 OF 2007 MADAN PRASAD, SON OF RAMJEE PRASAD, RESIDENT OF VILLAGE- HUSSAINA, P.S.-SARMERA, DISTRICT- NALANDA, AT PRESENT STORE KEEPER IN C.J. COLLEGE RAMBAGH, BIHTA, PATNA, NOW ON DEPUTATION IN PATNA BRANCH OF MAGADH UNIVERSITY OFFICE, EXIBITION ROAD, PATNA. ….PETITIONER VERSUS 1.THE STATE OF BIHAR, THROUGH THE COMMISSIONER- CUM-SECRETARY, EDUCATION DEPARTMENT, GOVT. OF BIHAR. 2.THE VICE CHANCELLOR/REGISTRAR MAGADH UNIVERSITY, BODH GAYA. 3.THE REGISTRAR (LAW SECTION)MAGADH UNIVERSITY, BODH GAYA. 4.THE PRINCIPAL, G.J. COLLEGE, RAMBAGH, CONSTITUENT OF MAGADH UNIVERSITY, BIHTA, PATNA. 5.THE DEPUTY REGISTRAR, MAGADH UNIVERSITY, BODH GAYA. 6.THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA. ….RESPONDENTS. ----------- 06/ 21.07.2011 Heard Counsel for Magadh University. No one appears for the petitioner today. Yesterday however the Counsel for the petitioner had appeared and had taken time to seek instruction from the petitioner as with regard to objections raised by the learned counsel for the University. The prayer of the petitioner in this writ application reads as follows:- “(i) Issuance of an appropriate writ/writs order/orders, direction/ directions in the nature of Mandamus directing the respondents to pay the arrear of pay scale from 01.01.1996 and also to fix higher pay scale as a result of E.C.P.A promotion on 09.08.1999 and 03.03.2006 revised House Rent Allowance with statutory compound interest to the petitioner. (ii) For issuance of an appropriate writ, order, directions to the respondents to fix his pay in revised scale on 01.01.1996 and also give 1st Time Bound Promotion due on 09.08.1999 under E.C.P.A scheme and 2nd promotion due on 03.03.2006 under A.C.P scheme. As would appear from aforesaid prayer the petitioner’s grievance is confined to either his arrears of pay or Time Bound Promotion or promotion under ACP Scheme. From the reading of the writ application, it would become clear that the representations which were filed by the petitioner as contained in Annexure-2 series relate only to grant of House Rent Allowance. It thus becomes clear that the petitioner’s prayer in this writ application for issuance of a writ of mandamus for grant of either arrears of pay or Time Bound Promotion or regular promotion or even ACP benefits has been sought for without claiming them before the competent Authorities. It is also clear from the counter affidavit filed by the learned Counsel for the University, making a sensational revelation that the petitioner is a habitual litigant who has already got his payment of arrears of salary and HRA pursuant to the order of this Court in C.W.J.C NO. 2384 of 2002 and the consequential contempt application being M.J.C No. 2250 of 2009. To that extent, it would be relevant to quote paragraph no. 11 and 12 of the counter affidavit filed today which reads as follows:- “That further the petitioner claimed the salary difference and House Rent Allowance in revised pay scale effectively from 01.01.1996. It is pertinent to mention that new revised pay scale is admissible from 01.04.1997 for non-teaching employees.The petitioner had filed a contempt petitioner MJC No. 2250/2009 arising out CWJC NO.3284/2002 whereby prayed for arrear salary, salary difference in revised new pay scale effect from 01.01.1996 including all admissible allowance i.e. H.R.A & D.A. The University complied the order of Hon’ble High Court dated 23.08.2008. He had also filed another contempt petition MJC NO. 2165/2007 arising out of C.W.J.C NO. 8277/2001. Hence the bill claims of all petitioners was amounting to Rs. 43,12,632/- was found admissible and paid to him, for which demand draft bearing nos as under weas given to college with direction. (i) DD No. 072713 & 072714 Dated 26.03.2009 Rs. 10,78,158.00 (ii)Cheque No. 002028 Dated 28.04.2009 Rs. 32,34,474.00 Total:Rs. 43,12,632.00 There was twelve petitioners and Sri Madan Prasad is a first petitioner in the case MJC NO. 2165/2007 arising out of CWJC NO. 2384/2002 and bill claims was of Rs. 43,82,380/- which was examined and was found outstanding dues including all admissible allowances i.e. H.R.A & D.A amounting to Rs. 43,09,656/- and paid to them including Sri Madan Prasad. Sri Madan Prasad got arrear amounting to Rs. 5,30,827/-. That it is pertinent to mention here that a demand draft no. 039311 dated 18.06.2004 under the letter No. Bud/170/2004 dated 18.06.2004 amounting to Rs. 28,09,348/- was also released for the payment of arrear salary to the petitioners including Sri Madan Prasad.” It has to be additionally taken into account that the petitioner has filed two more writ applications one in the year 2009 and another in 2010 (C.W.J.C NO.05 of 2010), wherein, identical relief has been prayed. All these facts even when conveyed to the counsel for the petitioner, who had appeared yesterday and has remained absent today, were not denied. Today infact he has conveniently made himself absent as he could have no answer to these facts. That being so, this application must be held to be wholly frivolous and not maintainable. It is accordingly, dismissed with a cost of Rs. 5000/- to be recovered from the petitioner by the University from his salary. Ranjan (Mihir Kumar Jha, J.)