IN THE HIGH COURT OF JUDICATURE AT PATNA --------- Letters Patent Appeal No.1324 of 2010 -------- Appeal against the judgment and order dated 21.4.2010 passed by a Bench of this Court in C.W.J.C. No. 78 of 2006 --------- 1. The Tilkamanjhi Bhagalpur University, Bhagalpur through its Registrar. 2. The Vice-Chancellor, T.M. Bhagalpur University 3. The Registrar, T.M. Bhagalpur University 4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur...................................................Appellants Versus 1.The Bhagalpur National College Shikshettar Karmchari Sangh, through its Secretary, Yogendra Mandal, son of Sri Shub Lal Mandal, Bhagalpur National College, Bhagalpur, town & Distt-Bhagalpur 2. Arbind Kumar, son of Mahadeo Kumar, Physical Training Instructor ( Class-III employees), B.N. College, Bhagalpur 3. Bhupendra Kumar, son of Late Shyam Lal Kumar, Peon, B.N. College, Bhagalpur 4. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 5. The Finance Commissioner-cum-Secretary, Department of Higher Education, Govr. Of Bihar, Old Secretariat, Patna. 6. The Director, Department of Higher Education, Govt. of Bihar, New Secretariat, Patna. 7. The Principal, Bhagalpur National College. 8. The Commissioner-cum-Secretary, Department of Higher Education, Govt. of Bihar, New Secretariat, Patna.............................................................Respondents ---------- For Appellants :- Mr. Ashok Kr.Keshri,Advocate For the State :- Mr. Manoj Kr, AC to SC-6 For respondent :- Mr. Rajendra Pd.Singh,Sr.Advocate ----------- 2 10 20-12-2011 Heard learned counsel for the appellants, learned counsel for the private respondents and learned counsel appearing for the State. The arguments advanced on behalf of appellant- University is based upon general issues of law such as no writ should be issued in stale matter or in cases involving disputed facts but in the present case, it is apparent from annexure-1 to the writ petition that the University had already examined the cases of the concerned employees named in annexure-1 pursuant to at least two orders passed in contempt jurisdiction. Annexure-1 contains all the relevant details including the facts that the concerned employees were appointed in the year 1980. In our considered view, when the University regularized the services of the concerned Class-III and Class-IV employees of Bhagalpur National College, it should have indicated that the regularization would be with effect from the date of take over of the college i.e. 5-4-1982. The consequential benefits, in the facts of the case, have rightly been ordered to be calculated with effect from the date the college was taken over after examining individual 3 service records of the concerned employees. There is no question of delay when the writ petition was filed in the year 2006 on account of error in the regularization order dated 15-9-2004. We find no merit in this appeal. It is accordingly dismissed. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)