IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.16075 OF 2005 RAMESH KUMAR, SON OF LATE CHUNI LAL, RESIDENT OF VILLAGE RANIGANJ TEKARI, DISTRICT GAYA ………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER –CUM- SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR 2. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 3. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA 4. THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA 5. THE PRINCIPAL, S. N. SINHA COLLEGE, TIKARI, GAYA …………………………………………………………………………….RESPONDENTS ******* 5 22/12/2010 The petitioner was working since 1976 as a Store Keeper in the S. N. Sinha College, Tekari, Gaya. The said college was taken over by the State Government and salaries were paid to the non-teaching staffs from the year 1987. The petitioner was initially paid the salary of a peon till the year 1998. In the year 1998, the University began to pay him salary of Store Keeper. The dispute in this case revolves round the fact as to whether the petitioner would be entitled for the salary of the Store Keeper as he claims that the post of Store Keeper was vacant in the Zoology Department of the College concerned and as such, the then Principal of the College recommended by letter dated 15.11.1994 addressed to the Vice-Chancellor of the Magadh University that the petitioner should be treated to be working against the vacant post of Store Keeper in the 2 Zoology Department. The recommendation of the Principal of the College concerned was not taken into account by the Vice-Chancellor or the State of Bihar. In fact there are two letters addressed to the Vice- Chancellor by the Deputy Secretary, Higher Education Department, Government of Bihar seeking information with respect to whether the post of Store Keeper was vacant since 1976 and whether there was any sanctioned post of Store Keeper in the College. These queries have not been addressed by the Vice-Chancellor of the Magadh University and the letter no. 567 dated 29.03.2004 as contained in Annexure-13 has remained unanswered. I, therefore, direct that the Vice-Chancellor of the Magadh University to call for the records from the S. N. Sinha College, Tekari, Gaya with respect to the posts sanctioned in the College and the persons who were working on the said posts at the time when the College was taken over. After examining these facts, the Vice- Chancellor will pass an order taking into account the queries made vide letter no. 567 dated 29.03.2004 (Annexure-13) and after considering the representation filed by the petitioner. If the Vice-Chancellor finds that in fact there was a vacant post available in the Zoology Department as 3 mentioned by the Principal of the College vide Annexure- 8 to the writ application, the Vice-Chancellor shall pass appropriate orders. The Vice-Chancellor will then send a copy of the order passed by him to the Deputy Secretary, Higher Education Department, Government of Bihar, who is directed to pass appropriate orders within a period of three months from the date of receiving the recommendation of the Vice-Chancellor. Needless to say, if there was a vacant sanctioned post at the time of taking over of the College, the petitioner would be entitled to be considered as Store Keeper, as he was originally appointed and is working as Store Keeper in the College. The petitioner is at liberty to produce all documents in his favour before the Vice-Chancellor within a period of eight weeks from the date of receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. . Anand ( Sheema Ali Khan, J. )