IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1273 of 2009 1. ARJUN PODDAR, S/O. LATE LAXMI PODDAR, R/O. VILLAGE – AFJUGANJ, P.S. – SULTANGANJ, DISTRICT – BHAGALPUR. 2. VIJAY MANDAL, S/O. LATE JHANSU MANDAL, R/O. MOHALLA – BASUDEOPUR, P.S. – KOTWALI, DISTRICT – MUNGER. 3. RAJ KISHORE PRASAD, S/O. LATE NAGINA PRASAD, R/O. MOHALLA – KAWRA MAIDAN, NAI SADAK, P.S. – KASIM BAZAR, DISTRICT – MUNGER. 4. LALI MANDAL, S/O. LATE CHOTELAL MANDAL, R/O. MOHALLA – MAKSHUSHPUR, KALI ASHTHAM, P.S. – KASIM BAZAR, DISTRICT – MUNGER. ……… PETITIONER – PETITIONER / APPELLANTS. Versus 1. THE STATE OF BIHAR 2. SECRETARY & COMMISSIONER, HUMAN RESOURCE DEPARTMENT, HIGH EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR THORUGH ITS REGISTRAR. 4. THE VICE-CHANCELLOR, TILKA MANJHI UNIVERSITY, BHAGALPUR. 5. FINANCE OFFICER, TILKA MANJHI UNIVERSITY, BHAGALPUR. 6. PRINCIPAL, B.R.M. COLLEGE, MUNGER. …… RESPONDENTS / RESPONDENTS / RESPONDENTS. ----------------- 06 01.04.2010 Heard learned counsel for the appellants and learned counsel for the State. Although the name of Mr. A. K. Keshari appears as counsel for the respondent Tilka Manjhi University but he has not appeared. The grievance of the appellants in this appeal is that the learned Single Judge should have allowed the Civil Review Petition No. 317 of 2008 and modified the earlier order dated 17.03.2008 passed in CWJC No. 11429 of 2005 by directing the Vice Chancellor to consider the claim of the appellants / petitioners for payment of dues of salary prior to 05.06.2003 in regular pay scale in stead of daily wage basis. A perusal of the order dated 17.03.2008 shows that some - 2 - detailed consideration was given to the aforesaid plea but still the writ Court disposed of the writ petition with a direction to consider the claim of the appellants for payment of salary only on daily wage basis for the period of 01.09.1999 till 04.06.2003, within a period of three months from the date of that order. Learned counsel for the appellants tried to persuade us that similar claim as being raised by the appellants, has been admitted and allowed by the Chancellor of the University in favour of some employees of the University. In support of such plea, he placed reliance upon Annexure – 4 issued from the Governor Secretariat, Bihar dated 03.12.2005. It is not clear from the records or from Annexure – 4 as to what relief was actually granted to 467 persons for whose regularization of services a direction was issued through Annexure – 4. In absence of clear and cogent materials, it is not found possible to accept the request of the appellants in the present proceeding. At this stage learned counsel for the appellants submitted that since similarly situated employees of the University have received the benefits which the appellants are asking for, the appellants may be permitted to withdraw this appeal, the review petition as well as writ petition and may be granted liberty to move the Vice-Chancellor of the University or the Chancellor for seeking their relief in accordance with law. Considering the entire facts and circumstances, the prayer is allowed. This appeal as well as Civil Review No. 317 of 2008 and - 3 - writ petition bearing CWJC No. 11429 of 2005 are permitted to be withdrawn with the liberty aforesaid. It is expected that the concerned authorities shall consider the grievance of the appellants in accordance with law expeditiously as the matter has remained pending for a long time and appellant no. 1 is said to have almost reached the age of superannuation. Kundan (Shiva Kirti Singh, J.) (Gopal Prasad, J.)