IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8991 of 2003 MD. MANSOOR ANSARI, son of late Abdul Rashid, resident of Deewan Mohalla, Dulighat, P.S. Jhauganj, P.S.- Khaje Kalan, District- Patna. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Higher Education Department, Govt. of Bihar, Patna. 3. The Vice-Chancellor, Patna University, Patna. 4. The Registrar, Patna University, Patna. … Respondents. ----------- 3. 13.09.2010 Having heard learned counsel for the petitioner and learned counsel for the Patna University with regard to the following prayer; “1.a) Issuance of a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to correct the pay slip dated 25.4.2001 issued by the State Govt. and issue fresh pay slip fixing the pay of the petitioner in the scale of Rs.850-1360/- w.e.f. 1.4.81 (Payable from 1.4.83) as per Govt. Order vide Letter No. 60/80-446 dated 8.5.85 read with letter no. 1426 dated 6.10.1986 with consequential benefits in the fixation of pay from 10.9.85 and 1.1.1986.” this Court is of the opinion that as to whether the petitioner would be entitled for payment of his salary in the prescribed pay-scale for the post of Librarian in terms of Government Resolution dated 8th May 1985(Annexure-2) will not be solely dependant on the petitioner acquiring qualification unless the petitioner has 2 also been given the post of Librarian in the prescribed manner. There is nothing on record to show that after initial appointment on the post of sorter, he was ever promoted/appointed on the post of Librarian so as to become entitled for the benefit of government resolution dated 8.5.1985 (Annexure-2). Government pay slip proceeds on an assumption that initial appointment of the petitioner being made on the post of sorter and its revision from time to time and therefore if the petitioner wants to claim his salary for the post of librarian, he will have to satisfy the authorities of both University and the Government that he was actually given such promotion on the post of Librarian so as to also become entitled for its benefit of salary in terms of government decision. As there are insufficient materials to decide this issue, this Court at best can only remit the matter to the Registrar of the Patna University to decide the claim of the petitioner strictly in accordance with law. With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.) 3