IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.832 of 2011 In (CWJC No. 6973 of 2006) Arvind Kumar, son of Ram Autar Singh, resident of village Dakshinichak, PS Athmalgola, District Patna .......Appellant Versus 1. The State of Bihar 2. The Secretary, Higher Education, Government of Bihar, Patna 3. The Patna University, through its Registrar 4. The Vice- Chancellor, Patna University, Patna 5. The Registrar, Patna University, Patna 6. The Principal Vanijya Mahavidyalaya, Patna University, Patna 7. Manoj Kumar S/o Madhusudan Singh, resident of PMCH quarters, PS Pirbahore, District Patna -4 ..........Respondents --------------------- 4 26-08-2011 Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the University. We are in agreement with the views of the writ court that University cannot be compelled to regularize the services of the appellant from a back date by deeming that he was regularized while working on daily wages. Another grievance raised on behalf of appellant is with regard to the post on which he has been regularized and that the pay scale is not in accordance with what has been sanctioned by the State Government for the post in question. It appears from the relevant documents that 2 the State Government has indicated pay scale of Bhandarpal/ Tankak as Rs. 1200-1800/- through a letter dated 6-11-2003 which is annexure-7/1 to the writ petition. The order of regularization dated 29-1-2004 contained in annexure-8 shows the pay scale of class- III posts to be 975-1540/-. It is apparent that in January, 2004 while regularizing the services of several employees, including the appellant, the University did not take notice of annexure-7/1 dated 6-11-2003 and has not granted the pay scale indicated by the State Government. It is a common knowledge that the University is most of the time facing financial problems, mostly out of its own making by continuing irregular and daily wage appointments. It goes without saying that the appellant shall be entitled to file representation in respect of post on which he was regularized and in respect of pay scale. It is expected that the University shall consider the representation in accordance with law and expeditiously, preferably, within three months. In case the pay scale prescribed in annexure-7/1 is being 3 granted to other similarly situated employees, the same should be made available to the appellant also unless there be some special reasons for denying that pay scale to the appellant. In case there are special reasons for denying the pay scale, reasons must be communicated to the appellant within three months. The appeal is disposed of. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)