IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5509 of 2004 SHRI YOGENDRA PD.SINGH, son of Late Deonandan Singh resident of village Dhanar, P.S. Nabinagar, P.O. Sattar, District Aurangabad. Versus 1.THE STATE OF BIHAR through Additional Secretary Govt. of Bihar, Agriculture Department. 2.The Vice-Chancellor, Rajendra Agriculture University, Pusa, Samastipur. 3.The Principal, Bihar Veterinary College, Patna. ----------- 3 30.7.2010 No one appears for the petitioner. Counsel for the University is present. Prayer of the petitioner in this writ application reads as follows:- “That this application is directed for issuance of writ of mandamus commanding the respondents to pay to the petitioner the revised scale of pay of class-III employees, i.e, Rs.3050- 4590 just as other similarly situated Class III employees of the College by issuing suitable amendment in the notification dt., 16.10.03 in the Appendix “Kh” at S.No. 77 (An.) and for any other direction (s) which may be proper in the facts and circumstances of the instant case.” With regard to the aforementioned relief both the State Government and the University has filed their counter affidavit with a common stand that the post on which the petitioner was appointed in the revision of pay scale was given the pay scale of Rs. 2610-3540/-. In that view of the matter, reliance placed by the petitioner on the government resolution with regard to the pay scale in the government to the tune of Rs.3050-4590/- would not be tenable, inasmuch as, the University under the orders of the 2 State Government have to pay the salary as prescribed by the University. That being so, this application is misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)