IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12763 of 2008 MANORANJAN NARAIN DAFTWAR, S/O LATE YUGAL KISHORE DAFTWAR, R/O MOHALLA-LIG-102, HOUSING BOARD, MUSTAFABAD, P.S.-RAMPUR, DISTRICT- GAYA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HIGHER EDUCATION, BIHAR, PATNA. 2. MAGADH UNIVERSITY THROUGH ITS REGISTRAR, BODH GAYA, GAYA. 3. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, GAYA. 4. GAYA COLLEGE GAYA, THROUGH ITS PRINCIPAL, GAYA. 5. PRINCIPAL GAYA COLLEGE, GAYA. …………RESPONDENTS. ----------- 2 28.07.2011 Prayer of the petitioner in this writ application is for a direction to the respondents to approve his services on the post of Lab In-charge of the College with effect from 12.08.1981 and pay his arrears of salary of the promoted post since May, 1990 till date and grant other consequential benefits flowing from the same. It is submitted that under the orders of the Principal, the petitioner was promoted on the post of Lab In-charge with effect from 12.08.1981 and since then he is continuing as such and while continuing as such he finally superannuated with effect from 30.04.2011. Learned counsel for the petitioner 2 refers to some noting of the files annexed as Annexure-3 and some recommendations of the Principal of the College annexed as Annexure-6. He has also referred to an office order of the Registrar of the University dated 05.09.2006, as contained in Annexure-5, whereby petitioner has been absorbed on the post of Lab In-charge on account of vacancy arises due to death of the earlier Lab In-charge of the College on 31.10.1999. These documents do not make it clear that how the petitioner had continued in the College as Lab In-charge up to superannuation. However, without going into the merits of the claim of the petitioner, since, the Principal has recommended the case of the petitioner to the University by letter dated 05.02.2008, as contained in Annexure-6, the writ application is disposed of with liberty to the petitioner to file a representation before the Vice- Chancellor along with a copy of the said letter of the Principal for consideration. If such a representation is filed within four weeks from today, the Vice-Chancellor 3 shall get an inquiry held as to whether petitioner was functioning as Lab In-charge in the College against the sanctioned post on valid orders or not. If the findings of the inquiry comes in favour of the petitioner, the Vice-Chancellor shall consider the claim of the petitioner for payment of salary of the post along with other consequential benefits flowing from the same. Arvind/ ( J.N. Singh, J.)