IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.3579 OF 2009. 1.VISHRAM TIWARI, S/O LATE AKHILESHWAR TIWARI, R/O VILLAGE KHOHARI, P.S CHAINPUR, DISTRICT PALAMU(JHARKHAND). 2.VINAY KUMAR MISHRA, S/O CHANDRAKANT MISHRA, R/O VILLAGE SUKHSENA, P.S BARHARA KOTHI, DISTRICT PURNEA. 3.PARAS NATH MISHRA, S/O BAIDYANATH MISHRA, R/O VILLAGE MORATH, P.O. KAHILA, DISTRICT ROHTAS. 4.UDISHTA NARAYAN JHA, S/O LATE JAI SUDAN JHA, R/O GANGWAR CHOWK SARA MOHANPUR, P.S SADAR DISTRICT DARBHANGA. …………………PETITIONERS. VERSUS 1.THE V.C.,KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 2.THE REGISTRAR, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 3.DR. RENUKA SINHA, READER IN SAHITYA, P.G. DEPARTMENT, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 4.DR. SATYAVAN KUMAR, LECTURER VEDA, P.G DEPARTMENT, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 5.DR. KUNAL KUMAR JHA, LECTURER, JYOTISH, P.G. DEPARTMENT, KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. ………………………RESPONDENTS. -------------- 10/ 05.12.2011 Having heard counsel for the parties and taking into account that the main relief prayed in this writ application by efflux of time has become infructuous, inasmuch as, the petitioners' complaint to the advertisement in question has now become academic after appointment 2 of respondent no. 3, 4 and 5. Mr. Dhirendra Kumar Jha, learned counsel for the petitioner fairly submits that the order of appointment which in turn meant removal of the petitioners from the Post Graduate Department, the petitioners have moved before the Chancellor and the repatriation/transfer of the petitioners has been stayed by the Chancellor in pursuance whereof the petitioners are still continuing in the Post Graduate Department. The very fact that the advertisement has worked out in the form of concrete appointment of respondent no. 3, 4 and 5 as also other persons in the Post Graduate Department would make this writ application infructuous. True it is that the petitioners have also assailed the subsequent order of their repatriation/transfer from the Post Graduate Department to the respective constituent Colleges but then as noted above they are also availing statutory alternative remedy before the Chancellor under Section 9(4) of the Bihar State 3 Universities Act. That being so, the petitioners cannot be allowed to pursue parallel remedies both before this Court and before the Chancellor. The petitioners are in advantageous position before the Chancellor where their order of repatriation/transfer sought to be impugned in both the forums have been stayed. Considering all these aspects, learned counsel for the petitioners for the time being, awaiting the decision of the Chancellor, does intend to press this writ application and the same is accordingly disposed of as not pressed. Before parting with, this Court must observe that in view of the fact that the petitioners' transfer at one point of time from Post Graduate Department was made in compliance of the Chancellor’s order and that too after undergoing the prescribed procedure as laid down by the Chancellor, this Court would find that the petitioners would be entitled for payment of arrears of their salary which was 4 denied to them on account of their transfer to respective constituent Colleges. Counsel for the University has however pointed out that the petitioners are getting their current salary and it is only for a brief period of few months, i.e. from September 2009 to January 2010, that they have not been paid their salary. This Court would accordingly direct the Vice-chancellor of the University to obtain necessary orders of the Chancellor for payment of arrears of salary be paid to the petitioners in view of the transfer order being stayed by the Chancellor and make its payment as early as possible after an order to this effect is passed by the Chancellor. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)