IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5765 of 2005 BIHARI CHAUDHARY,SON OF LATE SHIWASHAN CHOUDHARY, RESIDENT OF VILLAGE-BHARSAR, P.O.- LAHARI(TIWARIDIH), P.S.- PERO, DISTRICT-BHOJPUR. ..........PETITIONER. Versus 1.VEER KUNWAR SINGH UNIVERSITY, ARA, THROUGH THE REGISTRAR. 2.THE VICE-CHANCELLOR, VEER KUNWAR UNIVERSITY, ARA. 3.THE REGISTRAR, VEER KUNWAR UNIVERSITY, ARA. 4.THE FINANCE OFFICER, VEER KUNWAR SINGH UNIVERSITY, ARA. 5.THE PRINCIPAL, S.N. COLLEGE SHAHMAL KHAIRA DEO, P.O.-BALTHARI, DISTRICT-ROHTAS. 6.MAGADH UNIVERSITY BODH-GAYA THROUGH ITS REGISTRAR. 7.THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA. 8.THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA. 9.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. .........RESPONDENTS. ----------- 7/ 20.12.2010 Counsel for petitioner is permitted to add the Principal Secretary, Human Resources Development Department, Government of Bihar to add as respondent no. 9 in this writ application. Petitioner worked as a Lab- Technician in the department of Geography in Sachita Nand Mahavidayalaya, Sahamil, Khaira, P.O-Rohtas. This college after bifurcation of Magadh University came under Veer Kunwar Singh University. The grievance of the petitioner is that he has not been paid his retiral benefits including his pension, Gratuity, Provident Fund amount, Group Insurance, leave encashment and other dues which includes his salary. Counsel appearing on behalf of University submits that the post of the petitioner is not in fact a sanctioned post as such the benefits have not been paid to the petitioner, whereas, counsel for the petitioner submits that it is a single post and the petitioner is the only person working against the post of Lab-technician and as such this post comes within the definition of deemed sanctioned post as held by Full Bench judgment in the case of Brij Kishore Singh & Anr vs State of Bihar reported in (1997)(1)PLJR 509. Petitioner should file an application before the Vice-Chancellor within a period of eight weeks on receipt of a copy of this order. The Vice-Chancellor will pass appropriate order regarding the claim of the petitioner within a period of four months. In case, the Vice-Chancellor finds that petitioner’s post comes within the definition of ‘deemed sanctioned post’ the recommendation should be forwarded to the Principal Secretary, Human Resources Department, who shall pass appropriate order approving the post of Lab-technician in the Geography department of the college in question, unless for compelling reasons the Principal Secretary finds that the order of the Vice-Chancellor is inconsistent with the rules and regulations and judgment delivered in the case of Brij Kishore (supra) then the State Government would pass appropriate order within a period of three months on receipt of the recommendation of the Vice- Chancellor. Copy of this order may be handed over to the Advocate General. Ranjan (Sheema Ali Khan, J)