CIVIL WRIT JURISDICTION CASE No.5039 OF 1994 ---- In the matter of an application under Articles 226 and 227 of the Constitution of India. ---- RANI CHOUDHARY WIFE OF SATYANEDRA KUMAR, RESIDENT OF MOHALLA CHONDI, TOWN AND P.S.BARH, DISTRICT- PATNA----- PETITINER. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HIGHER EDUCATION, GOERNMENT OF BIHAR, PATNA 3. THE ADDITIONAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOERNMENT OF BIHAR, PATNA 4. B.N.MANDAL UNIVERSITY, MADHEPURA, THROUGH THE REGISTRAR, B.N.MANDAL UNIVERSITY, MADHEPURA 5. THE REGISTRAR, B.N.MANDAL UNIVERSITY, MADHEPURA 6. THE VICE CHANCELLOR, B.N.MANDAL UNIVERSITY, MADEPURA 7. THE PRINCIPAL, K.B.JHA COLLEGE, KATIHAR- RESPONDENTS. For The Petitioner : MR. SIYA RAM SHAHI For The Respondent : MR. ABHYA KUMAR Nos.4 to 6. P R E S E N T THE HON'BLE MR. JUSTICE NAVIN SINHA THE HON'BLE MR. JUSTICE JYOTI SARAN Navin Sinha & Jyoti Saran,JJ. Heard learned counsel for the petitioner, learned counsel for the State and Learned counsel for the B.N.Mandal University. The petitioner was employed as a Laboratory In-charge a non-teaching post in the department of Zoology, K.B.Jha College at Katihar. The College was declared a constituent college in 1986. Her name was included in the list of persons forwarded by the 2 College to the State Government for absorption. The final list approved by the State Government contained two sanctioned posts of Laboratory In-charge. At serial no.1 was another person while at serial no.2 the name of one Kewal Prasad Gupta was mentioned. The petitioner was not approved by the State Government for appointment. She questioned the same in C.W.J.C.No.7293 of 1992. Sri Kewal Prasad Gupta, respondent no.8 therein, contended that he was a Library Assistant and therefore the question of his appointment on the post of Laboratory In-charge did not arise. The University also did not dispute this fact. All this while the petitioner continued to work on the post of Laboratory In-charge. This Court directed the University to recommend the name of the petitioner for appointment on the post of Laboratory In-charge. The State Government was directed to grant necessary approval by issuance of necessary corrigendum. Learned counsel for the respondent State and University fairly stated that the order of the Division Bench passed in C.W.J.C.No.7293 of 1992 was not questioned in appeal. In stead of complying the order of the Division Bench, the State government’s authorities proceeded to examine the orders of appointment of the petitioner in the erstwhile College 3 holding it contrary to Section 35 of the Bihar University Act, l976 without creation of a post and approval of the State Government by order dated 7.5.1994. Quite patently, this was in teeth of the order and directions of this Court in C.W.J.C.No.7293 of 1992, nullifying the order and over-reaching the order of this Court. While admitting this writ application, the operation of the impugned order dated 7.5.1994 was stayed on 27.6.1994. During the pendency of the writ application, the University has absorbed the petitioner on the post of Laboratory in-charge in the department of Zoology by a fresh order issued on 28.2.2006 By reason of the order dated 28.2.2006, the directions of the Division Bench in C.W.J.C.No.7293 of 1992 stands complied. The relief(s) sought for by the petitioner having been granted, nothing more survives for our consideration in this writ application. The petitioner is naturally held entitled to her arrears of salary as also the current salary on the post of Laboratory In-charge in accordance with law to be paid to her within a maximum period of six months in so far as the arrears of salary are 4 concerned but within a period of one month in so far as the current salary is concerned. The writ application stands disposed with the aforesaid directions. (Navin Sinha, J.) (Jyoti Saran, J.) Patna High Court, Dated, 8th July,2010. NAFR/ ahk.