IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8610 of 2003 RAGHUNATH PRASAD SINGH, son of late Ram Ashish Singh, resident of village- Belahi, Police Station- Barisnagar, District- Samastipur. … Petitioner. Versus 1. L.N.MITHILA UNIVERSITY, Kameshwar Nagar, Darbhanga through its Registrar. 2. Principal, Ram Nirikshan Atma Ram College, Samastipur. … Respondents. ------------- 3. 09.08.2010 No one appears for the petitioner. Mr. Pushakar Narain Shahi, learned counsel for the University is present. The prayer of the petitioner in this writ petition reads as follows:- “1. That, in this writ application the petitioner prays for issuance of an appropriate writ/writs order or direction for quashing the order issued by the Registrar of the Lalit Narain Mithila University, respondent no. 1 (hereinafter referred to as the University) as contained in memo no. 6772-73/C dated 8.7.2003 which is addressed to respondent no. 2 wherein it has been conveyed that it is not possible to allow salary admissible to assistant Librarian to the petitioner. It has further been stated that earlier communication contained in Memo No. 494-95/2003 dated 18.2.2003 by which pay of the petitioner was fixed shall remain stayed and he shall be paid in accordance with the pay fixation as done by order contained in memo no. 18974-76/2002 dated 24.10.2002. A copy of the said order has also been endorsed to the petitioner.” 2 From the pleading on record it would be clear that the petitioner had challenged the correctness of the order passed by the Registrar of the University dated 8.7.2003 whereby and whereunder it has been held that the petitioner cannot be given the pay-scale of Assistant Librarian inasmuch as the service of the petitioner was approved as Library Assistant at the time of take over of the College by the University when it was made the constituent unit of the University From the perusal of the order of appointment of the petitioner made by the Governing body it would appear that the petitioner was appointed on the post of Assistant Librarian but then when the college became constituent unit in the year 1980 in third phase, the University had the power to absorb the service of the working employees on the basis of availability of the posts and qualification possessed by the candidate concerned in terms of Section 4(1) (14) of Bihar State Universities Act, 1976. In this context, the specific plea of the University is that there was no sanctioned post for Assistant Librarian in the College and the Government had only sanctioned the post of Library Assistant on 3 6.2.1980 and as such the University had to approve the service of the petitioner only on the post of Library Assistant. In that view of the matter, the prayer of the petitioner seeking to assail the impugned order with regard to a cause of action which had arisen way back in the year 1980 must be held to be wholly without merit. That being so, this writ petition is dismissed. kanchan/ (Mihir Kumar Jha, J.)