IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11063 of 2007 MEENA KUMARI, wife of Raghwa Nand Kumar, Lecturer Home Science Vaishali Mahila College, Hajipur, B.R.A.Bihar University, Muzaffarpur, residence of 06, Shahi Colony, St.No. 2, R.N.College Road, Hajipur, P.S. Hajipur, District Vaishali ... Petitioner Versus 1. CHANCELLOR, UNIVERSITIES OF BIHAR, Raj Bhawan, Patna 2. B.R.A.Bihar University, Muzaffarpur through the Registrar 3. Vice Chancellor, B.R.A.Bihar University, Muzaffarpur ... Respondents ----------- 2. 10.11.2010 Having heard counsel for the petitioner and the counsel for the University as also taking into account that the prayer which was originally made at the time of filing of the writ application, reading as follows: “This writ application is for issuance of an appropriate writ, rule or direction commanding upon the University to correct the date of appointment of the petitioner to be 10.5.1983, the date of initial appointment when she had requisite qualification as per Statute of 1978 prevailing at that point of time in place of 2.7.1990 as notified by Memo No. B-621 Muz. dt. 19.4.2005 which is contained in Annexure 6, and be further pleased to grant such benefit of service including the pecuniary benefits 2 accruable to the petitioner.” stands automatically allowed in view of the order of the University dated 26.5.2010 reading as follows: “B.R.A.Bihar University,Muzaffarpur Office-Order In pursuance of the judgment/ orders of the Hon’ble Supreme Court of India passed in Civil Appeal No. 6898/1997, the Vice Chancellor, on the recommendation of the Syndicate Sub- Committee and the legal opinion sought for by the university and in anticipation of the approval of the Syndicate, has been pleased to shift/ correct the date of absorption/ regularization of services of Dr. (Smt.) Meena Kumari, Lecturer in Home Science, Vaishali Mahila College, Hajipur from 2.7.1990 to 10.5.1983 i.e. the date of her initial appointment. Accordingly university Memo No. 8/621 dated 9.4.2005 may be treated so amended to this extent. The Vice Chancellor has further been pleased to order that in case any flaw is detected in the matter in future, this order will be treated as withdrawn, and the office order bearing No. 8/621 dated 9.4.2005 shall hold good. The Vice Chancellor has also been pleased to order that financial benefit on account of date shifting shall be 3 payable to her after receipt of required fund from the State Government, and she will be paid her salary as usual. Sd/- 26.5.2010 Deputy Registrar(I) this Court is of the considered opinion that the consequential relief prayed by a separate interlocutory application, I.A.No. 8825/2010 need not be now allowed, inasmuch as the University itself in the said order has made it clear that whatever financial benefit would be admissible to the petitioner would be extended to her after the required fund for the same is received from the State Government. As is well known the University has to get full monetary support from the State Government for making payment of salary, allowances including arrears thereof and therefore, if on 26.5.2010 the University had allowed regularization of the service of the petitioner with effect from 10.5.1983 by shifting it from 2.7.1990, the petitioner’s consequential benefit also now will be to be worked out by the University and the fund for the same will have to be requisitioned 4 from the State Government. That being so, this writ application is now being disposed of as having become infructuous. Any further grievance beyond the payment of salary from retrospective effect can definitely be raised by the petitioner in a separate proceeding before an appropriate forum. (Mihir Kumar Jha,J.) Surendra/