IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.900 of 2010 (Arising out of C.W.J.C. No. 4577/2009) 1. Bhupal Prasad Singh, S/O Late Nakat Singh, R/O Vill- Bahadurpur, P.S.Athmal Gola, Distt-Patna………Appellant Versus 1. B.R.A.Bihar University Muzaffarpur through Vice Chancellor 2. The Vice Chancellor B.R.A.Bihar University, Muzaffarpur 3. The Registrar, B.R.A. Bihar University, Muzaffarpur 4. The Finance Officer, B.R.A.Bihar University, Muzaffarpur ….Respondents ------------ 6. 05.12.2011 Heard learned counsel for the appellant and perused the order of the Writ Court whereby learned Single Judge has refused to interfere with the order of the University informing the writ petitioner/appellant that he has been superannuated from service with effect from 31.7.2006 on account of having completed 44 years of service. The Writ Court has however ordered that the direction regarding recovery of emolument for the period he actually worked i.e. till 31.02.2009 when the order was issued shall not be implemented. The writ petition raised an issue whether the appellant was correct in claiming that he was initially appointed on class-III post in the Bihar University, Muzaffarpur on 01.04.1976 or he was initially appointed on class-IV post on 12.7.1962 in Rajendra College, Chapra. 2 It has been noted by the Writ Court that the appellant claims that his appointment letter of 1976 was destroyed in the flood of the year 2007 and he filed an affidavit in support of such plea but documents annexed with the counter affidavit indicated that even in the year 1995 also, at the time of pay fixation the appellant had taken the plea that his appointment letter had been misplaced. The claim of the appellant regarding appointment in L.S. College, Muzaffarpur in 1976 could not be authenticated as original records were not available and were found missing. However the Principal of L.S. College, Muzaffarpur submitted photo-copy of acquittance Roll in which it was entered that the appellant was appointed as Routine Clerk by way of promotion by Deputy Registrar-I, Bihar University letter No. 05/13538- 45 dated 15.05.1976. The Writ Court refused to accept the date of birth mentioned in the Matriculation examination taken by the appellant in 1971 because it was found that examination was taken in course of service as a class-IV employee since 1962. The service book of the appellant was also untraceable and hence records from Rajendra College, 3 Chapra were verified and an Audit team found that initially appellant was appointed as class-IV employee at Rajendra College, Chapra where he joined on 12.07.1962. Subsequently, Rajendra College, Chapra became constituent Unit of Bihar University on 01.01.1967 and it fell under newly created J.P. University, Chapra. Pay fixation of the appellant along with other non-teaching employees of Rajendra College, Chapra was approved by the State Government vide letter No. 8804 dated 12.9.1971 in which appellant’s date of joining as class-IV employee was mentioned as 12.7.1962. He drew his monthly salary as class-IV employee with effect from 12.7.1962 to 15.6.1971 from Rajendra College, Chapra. He filed a petition dated 15.6.1971 for payment of his last salary for the period 01.06.1971 to 15.06.1971 when he was transferred from Rajendra College, Chapra to Bihar University, Muzaffarpur. Learned counsel for the appellant submits that the verification made by the University and facts stated in the counter affidavit should not be accepted as the records have not been annexed. In fact Annexure-14 which is note- sheet of the year 1995 onwards and has been annexed with 4 rejoinder to the counter affidavit in the writ proceeding shows that as far back as in 1996 the aforesaid facts were verified and then the conclusion was recorded on the note- sheets that the appellant was originally a 4th Grade employee in Rajendra College, Chapra since July 1962. This appears from note-sheet dated 25.3.1996. In the facts of the case we find ourselves in agreement with the views of the Writ Court that the appellant tried to suppress the real facts relating to his service career and he has been rightly superannuated in accordance with circular and policy decision of the University requiring superannuation after completing 44 years of service. In the facts of the case, the Writ Court was rather lenient in granting partial relief to the appellant against recovery when the writ petition ought to have been dismissed summarily with costs for coming to this Court with a false case. The appeal is dismissed. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)