IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10452 of 2006 JALDHAR YADAV son of late Paltu Yadav, resident of village- Mirzapur, Post office- Sabour, Police Station- Sabour, District- Bhagalpur, at present Security Guard, Bihar Agriculture College, Sabour, Rajendra Agricultural University, District Bhagalpur. .... Petitioner. Versus 1. THE RAJENDRA AGRI.UNIVERSITY Bihar, through its Registrar having its Headquarter at and post office- Pusa District- Samastipur. 2. The Vice-Chancellor, Rajendra Agricultural University, Bihar at and post office-Pusa, Police Station- Pusa, District Samastipur. 3. The Director of Administration, Rajendra University Bihar, at and post Office Pusa, District- Samastipur. 4. The Comptroller, Rajendra Agricultural University, Bihar at and post office- pusa Police Station- Pusa, District Samastipur. 5. The Registrar, Rajendra Agricultural University, Bihar at and post office- Pusa, Police station- Pusa, District Samastipur. 6. The Dean, Faculty of Agriculture, Rajendra Agricultural University Bihar, at and post office pusa, Police Station Pusa District Samastipur. 7. The Associate Dean-cum-Principal Bihar Agriculture College sabour, Rajendra agricultural University, Post Office and Police Station- Sabour, District- Bhagalpur. ... Respondents. ----------- 3. 17.08.2010 Heard Mr. Anand Kumar Ojha, learned counsel for the petitioner and Mr. A. K. Upadhyay, learned counsel for the Rajendra Agricultural University. The prayer of the petitioner in this writ petition reads as follows:- “(1) That this is an application for issuance of a writ of mandamus directing the respondent university to grant the prescribed pay scale of the post of Security Guard i.e. Rs.425-605 to the petitioner with effect from the date of the creation of 10 posts of Security guard vide Office order no. 2 Estt/210/82-428 dated 26.6.1985 (Annexure-6) for Bihar 2 Agriculture College, Sabour, Bhagalpur, a constituent Unit of the respondent university with its all consequential benefits viz. increments, promotions and revisions of the pay scales, Arms Allowance etc. with interest and to pay the cost of this proceedings as decided by this Hon’ble Court.” Mr. Ojha in support of the aforementioned prayer would refer to a document by way of office order dated 16.7.1979 to show that the petitioner with other four persons were selected for undergoing training programme to do the work of Armed Security Guard and on the basis he has submitted that the petitioner would be entitled for not only regularization of his service but also or his payment of salary on the post of Security guard in the pay scale of Rs.425-605/- as also its replacement pay-scale from time to time. Counsel for the University on the other hand would submit that an exactly similar prayer made by the petitioner and others before this court in CWJC No. 274 of 2001 had been rejected wherein this Court did not allow their similar claim either in respect of regularization of their service or payment of wages in the pay-scale of Security Guard. Counsel also refers to the fact that the petitioner and others thereafter also had sought review of the said order 3 dated 16.1.2001 in CWJC No. 274 of 2001 but even their review application was dismissed. Counsel for the University therefore is of the view that once the aforesaid interparty order of this Court on the same issue dated 16.1.2001 has acquired finality the same cannot be reopened by this Court in this writ petition. Mr Ojha in reply has submitted the petitioner is not aware of such order of this Court but if it be so the petitioner can still his press his claim for payment of salary in the pay scale of security guard on the principle of equal pay for equal work. In the considered opinions, of this all these aspects could have been gone into, had the petitioner’s earlier writ petition on the same issue could not have been rejected. The concept of res judicata being a settled principle of law and fully applicable in writ proceeding, this Court would find it difficult to now reopen the whole thing in presence of the aforesaid order of this Court dated 16.1.2001 in C.W.J.C. No. 274 of 2001. That being so, this writ petition, is devoid of any merit and is, accordingly, is hereby dismissed. kanchan. ( Mihir Kumar Jha, J.)