IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.201 of 2010 1. SURYA NARAYAN MANDAL S/O LATE RAM SWARATH MANDAL R/O VILL-RAJAUR, POST- RAJAUR, RAMBHADRA PUR, P.S- HATHAURI, DISTT- SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HIGHER SECONDARY EDUCATION DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT, BIHAR, PATNA 2. THE CHAIR MAN INTERMEDIATE COUNCIL BOARD HIGHER SECONDARY EDUCATION BUDH MARG, PATNA, BIHAR 3. GOVERNING BODY THROUGH ITS SERETARY AD-HOC COMMITTEE RADHA KRISHNA MANDAL GOVIND GOSWAMI MAHAVIDYALAYA SHIVAJEE NAGAR, SAMASTIPUR 4. THE PRINCIPAL, null RADHA KRISHNA MANDAL GOVIND GOSWAMI MAHAVIDYALAYA, SHIVAJEE NAGAR, SAMASTIPUR ----------- 2 6.5.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent authority for not disturbing him from the service and allowing him to continue on the post of Laboratory Peon ( Chemistry) in Radha Krishna Mandal Govind Goswami Mahavidhyalay Shivajee Nagar, Samastipur. The college in question is an affiliated unaided college of B.R.A.Bihar University. The reason for filing this writ application is that the Governing Body of the College has prepared a list of teaching and non- teaching employees of the college, for the purpose of receiving grant from the State Government for payment 2 of salary, in which the name of the petitioner is not included. Petitioner claims that he is working since 24.4.1993 on the post of Laboratory Peon (Chemistry), as he was appointed on compassionate ground. The Principal of the College, Respondent no.4 has entered appearance. It has been submitted on behalf of respondent no.4 that the petitioner has left his service in the year 2004, since then he is not working, as such there was no reason for including the name of non-teaching employees entitled for receiving the salary. Without considering the merit of the case, this writ petition is disposed off, giving liberty to the petitioner to present his case before the Committee, constituted by the State Government for considering the entitlement of teaching and non-teaching employees in such matters. In case petitioner files his representation before the Committee, which should be considered and decided after giving opportunity to the concerned respondents i.e. the Governing body and the Principal of the College and also on verification of the original 3 records of the college. The representation of the petitioner must be disposed off, within six weeks’ from its’ filing. The writ application stands disposed off. (Mridula Mishra,J.) A.Kumar