IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6968 of 2009 ====================================================== Ram Bihari Sharan, Son of late Ramphal Sharan, resident of Village – Kaitola, P.O. Shambhuar, P.S. Madhubani, District – Madhubani. .... .... Petitioner. Versus 1. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga through its Registrar. 2. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 4. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 5. The Governining Body, Sri Lakshmeshwari Priya Raj Laxmi Sanskrit College, Samaul, District – Madhubani through its Secretary. 6. The Secretary, Governing Body, Sri Lakshmeshwari Priya Raj Laxmi Sanskrit College, Samaul, District – Madhubani. 7. The Principal, Sri Lakshmeshwari Priya Raj Laxmi Sanskrit College, Samaul, District – Madhubani. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Shyama Prasad Mukherjee, Sr. Adv. Mr. Shanti Pratap, Advocate For the Respondents 6 & 7: Mr. Kripa Nand Jha, Advocate For K.S.D. University : Mr. S.S. Sunderam, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 03/ 09-09-2011 Heard counsel for the petitioner, the State and the counsel representing Kameshwar Singh Darbhanga Sanskrit University. Petitioner’s claim is that he has been continuously working on the post of Lecturer in Vyakaran in Sri Lakshmeshwari Priya Raj Laxmi Patna High Court CWJC No.6968 of 2009 (3) dt.09-09-2011 2 / 4 2 Sanskrit College, Samaul, District – Madhubani with effect from 7.1.1980. His services has duly been approved by the Kameshwar Singh Darbhanga Sanskrit University vide letter bearing Memo No. 1752 dated 14.5.1982, but despite his continuously working he has not been paid his arrears of salary as well as current salary. This writ application has been filed by the petitioner for a direction to make payment of arrears of salary, current salary as well as for regularization of his service on the post of Lecturer in Vyakaran in the concerned college. The statement in the writ application is indicative of the fact that college in question is a privately managed college and till date it has not been made a constituent unit of the University. There is no statement in the writ application, that petitioner is claiming for his regularization against a sanctioned post. Counter affidavits filed on behalf of the University, Principal of the College and Governing Body of the Sanskrit College, indicate that petitioner left working in the college in the year 1980 and has Patna High Court CWJC No.6968 of 2009 (3) dt.09-09-2011 3 / 4 3 joined as Assistant Teacher in Rameshwari Sanskrit Madhyamic School, Kapileshwar Asthan in the district of Madhubani. This fact has also been admitted in the rejoinder filed by the petitioner. In para 6 of the rejoinder, there is an admission that since, petitioner was not getting his salary from the concerned college, he joined Rameshwari Sanskrit Madhyamic School, Kapileshwar Asthan. Petitioner’s case is that with the permission of the College and its’ authorities he is performing his duty in the morning shift in the college and in the evening at Rameshwari Sanskrit Madhyamic School, Kapileshwar Asthan. Since, the Govt. has not released any financial grant in favour of the college and Managing Committee of the College is not in a position to make payment of salary to the petitioner, permission has been accorded for working in Rameshwari Sanskrit Madhyamic School. Facts of the case disclose that petitioner is seeking relief against the Governing Body of a privately managed Sanskrit College. There is nothing to show that either the University or the State Govt. is responsible for making payment of arrears of salary Patna High Court CWJC No.6968 of 2009 (3) dt.09-09-2011 4 / 4 4 and for his regularization against the post he is working. The writ application, in the facts and circumstances of the case, is not maintainable either against the State Govt. or Kameshwar Singh Darbhanga Sanskrit University; as such, this application is dismissed. DKS/ (Mridula Mishra, J)