IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12853 of 2001 ARUN KUMAR JHA, SON OF LATE MANESHWAR JHA, RESIDENT AT + POST BELAUNA, P.S. BISAFI, DISTRICT MADHUBANI……………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE VICE-CHANCELLOR, BHUPENDRA NARAYAN MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA 5. THE REGISTRAR, BHUPENDRA NARAYAN MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA 6. THE PRINCIPAL, FORBESGANJ COLLEGE, FORBESGANJ, ARARIA……………………….RESPONDENTS ----------- 11. 30.11.2009 Heard learned senior counsel for the petitioner, learned counsel for the State and also learned counsel for the B.N. Mandal University. Petitioner has filed this writ application challenging the orders of the respondents as contained in Annexures 1 and 2 by which he has been put in lower pay-scale than claim by him. The case of the petitioner is that he was appointed as Lab. Boy in the Department of Physics in Forbesganj College, Forbesganj by the Managing Committee some time in the year 1972. He continued as such and thereafter the Managing Committee of the College appointed him on the post of Assistant Librarian which was, it is - 2 - claimed, approved by the University also. Learned senior counsel for the petitioner submits that although at the time of his initial appointment, he was not having requisite qualification for the post of Assistant Librarian, but later on, he acquired the qualification. In view of the same, he was allowed to continue as Assistant Librarian. However, when the question of approval of his pay-scale arose, the State Government found that the post was not sanctioned and at the time of initial appointment as Assistant Librarian he was not having requisite qualification and the post of Assistant Librarian was not in the chain of promotion from the post of Lab. Boy. Accordingly, his pay was fixed in the scale of pay for Lab. Boy. Later on, treating him as working as Lab. Boy, he was also given first time bound Promotion. It is contended that since petitioner was appointed as Assistant Librarian and later on he had acquired qualification, his pay ought to have been approved in the pay-scale for the post of Assistant Librarian. It is submitted that since 1976-77 till the impugned orders were issued in 2000, petitioner had actually worked as Assistant Librarian. - 3 - Respondents’ stand is that petitioner’s claim could not be considered for promotion to the post of Assistant Librarian which was not a promotional post from the post of Lab. Boy and post of Assistant Librarian was not sanctioned in the College in question and petitioner was not having requisite qualification of Assistant Librarian at the time when he was promoted as such by the Managing Committee of the College. Learned senior counsel for the petitioner submits that the very fact that petitioner was promoted as Assistant Librarian and has continued as such for almost 26 years and soon after he acquired qualification for being promoted makes petitioner entitled for grant of scale of the post. He submits that this aspect of the matter has not been considered by the State Government while refusing him the pay- scale of Assistant Librarian. He also submits that in fact, even after issuance of the impugned order, petitioner has continued to work as Assistant Librarian in the College. Hence, this aspect of the matter requires reconsideration of the case of petitioner by the respondents-University and the State Government. He submits that petitioner will file a detailed - 4 - representation before the Director, Higher Education, Government of Bihar for reconsideration of the entire matter giving factual details within one month from today. Accordingly, this writ application is disposed of with a direction to the Director, Higher Education, Government of Bihar, Patna to consider representation of the petitioner, if filed within one month, examine claims raised by him in the said representation and judgments of this Court which may be relied upon by the petitioner in his representation in support of his claim, and pass a reasoned order in accordance with law within two months thereafter. It is needless to say that this Court has not expressed its opinion with regard to merits of the claim of the petitioner which has to be considered in accordance with law and in the light of the claims made by the petitioner in the representation and materials produced by him and on its own merits. The writ application is disposed of thus. B.T (J.N. Singh, J.)