IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9326 of 2007 Dr.Dhirendra Kr.Yadav, son of late Dr. Upendra Narayan Mandal, resident of Ras Bihari Nagar, Ward No.13, House No.39, P.O. and P.S. Madhepura, District Madhepura … Petitioner Versus 1. The B.N.Mandal University, through its Vice Chancellor, Laloo Nagar, Madhepura 2. The Vice Chancellor, B.N.Mandal University 3. The Pro-Vice Chancellor, B.N.Mandal University 4. The Registrar, B.N.Mandal University 5. The Finance Officer, B.N.Mandal University … Respondents ---------------------------------- 3. 21.9.2011 Having restored this application by an order passed today in M.J.C.No. 4162/2010, this Court has also heard the counsel for the parties on merits. The solitary prayer of the petitioner in this writ application is for grant of officiating allowance for the period 22.2.2000 to 4.12.2001 as a Head in the Department of Home Science in B.N.Mandal University. Apart from the fact that such prayer is belated by a period of 6 to 7 years this Court would find that it was a purely working arrangement made by which the petitioner working on the post of doctor was also asked to continue in Home Science Department though he was never qualified for the teaching work in view of requirement laid down in the Statute. In such a situation, if the petitioner was only asked to look after the work of the Department that cannot be said to be working against the higher post or discharging duty of higher post. The moment the petitioner was asked to continue though he was not a qualified teacher, he being associated with cannot clothe him with any right to claim officiating allowance, inasmuch as he could not and in fact has not 2 done any teaching work in the Department. Exercise of mere administrative power would not therefore make him entitled to claim officiating allowance, especially when he was also an employee of the University by way of being doctor in the University. That being so, this Court does not find any merit in this application and it is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/