IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11904 of 2007 BISHUNDEO MANDAL Son of Jagdish Mandal, presently posted as Laboratory Boy, Department of Chemistry, T.N.B. College, Bhagalpur, residing at Nasrat Khani, P.O. T.N.B. College, P.S. University, District Bhagalpur. Versus 1.THE TILKA MANJHI BHAGALPUR UNIVERSITY, Bhagalpur, through its Registrar. 2.The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur. 3.The Registrar, T.M. Bhagalpur University, Bhagalpur. 4.The Principal, T.N.B. College, Bhagalpur. ----------- 2 9.8.2010 Heard counsel for the petitioner and counsel for the Bhagalpur University. Prayer of the petitioner in this writ application reads as follows:- “That the petitioner above named craves indulgence of this Hon’ble Court for issuance of a writ preferably in the nature of Mandamus Commanding and directing the Respondents concerned to grant the petitioner pay scale of Lab boy as the petitioner is continuously discharging his duties as Lab boy for last 20 years and this Hon’ble Court has also directed the University authorities for the same in earlier writ filed by him, as also to pay the petitioner arrears of salary and arrears of differences of salary calculating it from the date of his initial appointment, i.e, 27.03.1971. And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case.” Counsel for the petitioner would submit that the aforesaid issue was almost decided by this Court by order dated 21.7.2000 in C.W.J.C. No.11925 of 1999 and therefore the 2 University is duty bound to pay the salary for the post of Lab boy to the petitioner from the date of his initial appointment i.e. 27.3.1971. Counsel for the University, on the other hand, would submit that though he has not filed any counter affidavit, the claim of the petitioner is wholly stale, inasmuch as, his daily wages appointment as Laboratory boy would not have also enured to the benefit of pay scale from that very date. He would further explain that when the petitioner’s services were regularized as Class-IV. Employee in the year 1987 and he was allowed payment of salary as Class-IV employee, he cannot now claim for salary on the post of Lab. Boy w.e.f. 27.3.1971. He has further explained that the order of this Court dated 21.7.2000 had only sought to protect the post of Lab boy till further decision was taken by the University, but as the petitioner himself had not been knowing about any order passed by the University in compliance of the order of this Court dated 21.7.2000 and has filed this writ application after seven years, such belated claim of the petitioner cannot be entertained in this writ application. In the opinion of this Court had the University filed its counter affidavit and explained as to what had happened after order of this Court dated 21.7.2000, probably things could have been clear. In absence of order passed by the University pursuant to the direction given by this Court in the earlier writ petition of the petitioner disposed of on 21.7.2000, everything remains in 3 dark. The petitioner continues in service of T.N.B. College, Bhagalpur and therefore if the University has not taken any decision in terms of direction of this Court in the order dated 21.7.2000 in C.W.J.C. No. 11925 of 1999, the same must be taken within a period of four months from the date of receipt/production of a copy of this order. If the petitioner has been absorbed or would be absorbed on the post of Lab Boy, he would be entitled for payment of salary of such post from the date such order of absorption has been issued, but if no such absorption is possible, the authorities will be under obligation to give reasons for the same, inasmuch as, in the earlier round of litigation this Court has not decided entitlement of the petitioner on the post of Lab Boy, save and except, holding that he was entitled for being considered in view of his long continuance on such post. That being so, this Court would dispose of the writ application by directing the competent authority of the University to consider grievance of the petitioner only with regard to his claim on the post of Lab. Boy and decide the same strictly in accordance with law within the aforementioned period of four months. Let it be made clear that this Court has expressed no opinion on such claim of the petitioner, inasmuch as, the petitioner has not brought on record his initial order of engagement on daily wages as a Laboratory Boy. 4 It is also made clear that the petitioner would be entitled for any monetary benefit on the post of Lab. Boy only from the date of order and not from the date of his initial engagement on daily wages. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)