IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4769 of 2007 Kiran Bala Sinha, W/o Sri Chandra Mohan Prasad, Resident of Bari Bazar, P.S. Kotwaly, P.O. Head Office, District Munger. --------- Petitioner Versus 1. The State of Bihar through the Secretary, department of Higher Education, Government of Bihar, Patna. 2. Vice Chancellor, TMB, Bhagalpur University, Bhagalpur. 3. Registrar, TMB, Bhagalpur University, Bhagalpur. 4. Principal, BRM College, Munger. --------- Respondents ----------- 2 09.08.2010 No one appears on behalf of the petitioner. Counsel for the University as also counsel for the State is present. The petitioner claiming to be a Class-III employee in BRM College, Munger claims payment of salary and in this regard, her prayer reads as follows:- “1. That the present writ application is being filed for issuance of a writ/direction for making regular payment of salary and also arrears of the pay falling within the intermittent period from September 1999 to November 2006 to the petitioner.” From perusal of the writ application, it would appear that the petitioner has filed a representation through the Principal of the college on 23.8.2003 and since then the same had remained unanswered due to which the petitioner has moved this 2 Court. In this regard, no counter has been filed by the University but then referring to the various annexures, a plea has been sought to be raised that the appointment of the petitioner was illegal and would not confer any right to her to claim payment of salary. Inasmuch as the appointment of the petitioner was made by the Registrar of the University as is clear from Annexure-1, the petitioner will be entitled for payment of salary for the period she has actually worked and therefore, even in absence of the counsel for the petitioner, this Court would give liberty to the petitioner to approach the Registrar of the University by filing a representation enclosing documents supporting her claim and showing her juniors working in the period in question along with a copy of this order and if the Registrar of the University would find that there is no dispute with regard to the actual working of the petitioner, her payment of salary on the terms and conditions as incorporated in the order of appointment will be made within a 3 period of three months from the date of passing of such order. If the Registrar, however, would find the petitioner not entitled for payment of salary or any part thereof, he will have to assign reason for the same. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)