IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4339 of 2003 1. DWARIKA NARAYAN AGRAHARI, son of late Sri Kamla Kant Agrahari, resident of Mohallah Katra, P.O. Chapra, P.s. Bhagwan Bazar, District Saran at present posted as Ward Servant (Peon) in the Rajendra College Hostel, Chapra 2. Lallan Mahto, son of late Sri Raman Mahto, resident of village Magahi Dih, P.O. Magahi Dih Chapra, P.S. Chapra Muffasil, District Saran at present posted as Peon in the Rejendra College Hostel, Chapra 3. Binod Prasad, son of late Sri Narayan Prasad, resident of Mohallah Dahiawan tola, P.O. Chapra, P.S. Chapra Town, District Saran, at present posted as Peon in the Rajendra College Hostel, Chapra 4. Prabhu Prasad, son of Mohan Prasad, resident of Mohallah Kashi Bazar, P.O. Chapra, P.s. Bhagwan Bazar, District Saran, at present posted as Ward Servent (Peon) in the Rajendra College Hostel, Chapra 5. Shiwji Mahto, son of Nandan Mahto, resident of village Gowa Bhagwanpur, P.O. Kudhani, District Muzaffarpur at present posted as Ward Servant (Peon) in the Rejendra College Hostel, chapra 6. Prem Chand, son of Kishuni Ram, resident of Mohallah Kataharibag, P.O. Chapra, P.S. Chapra town, District Saran, at present posted as Sweeper in the Rajendra College Hostel, Chapra … Petitioners Versus 1. THE STATE OF BIHAR 2. Jai Prakash University, Chapra through its Registrar 3. The Vice Chancellor, Jai Prakash University, Chapra 4. The Registrar, Jai Prakash University, Chapra 5. The Principal, Rajendra College, Chapra … Respondents. ----------- 6. 28.7.2010 I.A.No. 4981 of 2004 AND I.A.No. 2753 opf 2008 For the reasons mentioned in these applications, the prayer made therein is allowed and the heirs of petitioner no.2 and 2 petitioner no.5 as named in these applications are directed to be substituted in view of the fact that right to sue would still survive inasmuch as the subject matter of this writ application is payment of salary. C.W.J.C.No. 4339 of 2003 Having heard counsel for the parties and perusing the materials on record it becomes manifest that the following prayer of the petitioners in this writ application: (a) To issue a writ of mandamus, commanding the respondents to discharge their legal obligation to follow the decision of State Government as well as syndicate of the university and to pay the salary of the petitioners in the pay scale of 800-1150 as applicable. (b) To issue a further writ of mandamus, commanding the respondents to pay the entire arrear of salary of the petitioners in the said pay scale since the date the petitioners became entitled for payment of said pay scale as per policy decision of respondent authorities. (c) To issue further writ of 3 mandamus, commanding the respondents to pay the salaries of petitioners regularly, which have been withheld by them since March, 2002, without any reason. (d) To issue further writ of mandamus, commanding the respondents to pay the entire dues salary of the petitioners alongwith interest at the rate of 18% per annum since the date the amounts have become due, till the date of there payment.” cannot be allowed, inasmuch as it is now uncontroverted fact that the appointment of the petitioner was made by the Principal of a Constituent College having no power to make such appointment and that too on unsanctioned post. Such employees could never have any claim for payment of salary and that is how this Court in identical matter, C.W.J.C.No. 3169/2000 (Ramanand Ram & anor. vs. J.P.University & ors.) vide an order dated 6.1.2006 had dismissed a similar writ petition and the same order was also affirmed by the Division Bench by an order dated 20.3.2006 in L.P.A.No. 183/2006 (Ramanand Ram & anor. vs. the Jai Prakash university & ors.) 4 That being so, this application is wholly misconceived and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/