IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10830 of 2010 Ram Deo Yadav son of late Sahesh Ram Yadav, resident of Ward No.12, Town & P.S. Murliganj, District Madhepura (Retired Reader in Hindi, B.N.M. University, Madhepura)………………….Petitioner Versus 1. The State Of Bihar, through the Principal Secretary, H.R.D. Dept. Govt. of Bihar, Patna. 2. The Secretary, Higher Education Department, Govt. of Bihar, Patna. 3. The B.N. Mandal University, Laloo Nagar, Madhepura, through its Vice Chancellor. 4. The Registrar, B.N. Mandal University, Madhepura. 5. The Finance Officer. B.N.M.U., Madhepura 6. Mr. Kauleshwar Sah, Financial Auditor, Govt. of Bihar, Posted in B.N.M. University, Madhepura………………………………………………………………..Respondents ----- For Petitioner: Dr. Mayanand Jha, Advocate For State: Mr. Rani Kumari @ Rani Singh, A.C. to G.A. 2 For University: J.C. to Mr. H.P. Singh. 3 13.12.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. In a nutshell, after superannuation of the petitioner with effect from 31.07.2008 while working as Hindi Reader under the University, his accepted date of appointment has been shifted from 09.08.1978 to 01.01.1981 on the objection of the auditors raised in 2010. Hence, while releasing arrears of salary, huge amount of petitioner has been deducted on the ground of having excess paid to him. 2 The stand of the University in the counter affidavit is that as per Statute for regularisation of temporary lecturers approved by the Governor’s Secretariat letter dated 18.11.1980, effective date of appointment of petitioner was treated as 01.01.1981. Learned counsel for the petitioner has rightly pointed out, and not denied by learned counsel for the respondents, that petitioner after appearing in the interview held by the University Service Commission was recommended by the Commission by its letter no.646 dated 18.06.1975 (Annexure-3) as second candidate for appointment as Lecturer in Hindi. The said recommendation of the Commission was revalidated by the Commission by its letter no.2681 dated 12.02.1977 (Annexure-4) pursuant to which, due to non-joining of the first candidate, petitioner was appointed by the College on 09.8.1978 by the Principal. Thus, it is crystal clear that case of the petitioner is not of temporary or ad hoc appointment so as to be covered by the Statute for regularisation. Surely the case of the 3 petitioner was of regular appointment on the recommendation of the Commission. In the circumstances, the entire approach of the Auditors and the University is misconceived. This writ application is, accordingly, allowed. University is directed to recalculate the dues of the petitioner treating his appointment made on 09.08.1978 and release his remaining dues positively within three months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)