IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5486 of 2005 Rana Suresh Kr. Prasad Singh aged about 50 years son of late Girja Prasad Singh, Resident of Village Karhari, Police Station Bhagwanpur, District Vaishali at present posted Lower Division Clerk in Shri L.N. College, Bhagwanpur, P.S. Bhagwanpur, District Vaishali. ----- Petitioner Versus 1. The V.C., Bhim Rao Ambedkar Bihar (B.R.A.B.) University, Muzaffarpur. 2. The Registrar Bhim Rao Ambedkar Bihar (B.R.A.B.) University, Muzaffarpur. 3. The Principal, Shri Laxmi Narain College, Bhagwanpur, Police Station Bhagwanpur, District Vaishali. --------- Respondents ----------- 3 02.08.2010 Heard Mr. D.P. Choudhary, learned counsel for the petitioner and Mr. Ambar Nath Banerjee, learned counsel for the Bhim Rao Ambedkar Bihar (B.R.A.B.) University. The prayer of the petitioner in this writ application reads as follows:- “1. That instant petition is directed for issuance of appropriate writ/writs, order and direction commanding the respondent No.1 to fix the pay scale of petitioner according to merger of pay scale of lower Division Clerk and Upper Division Clerk in view of Government Memo No. 4144 dated 16th March, 1978 issued under the seal signature of the Deputy Secretary, Finance Department, Govt. of Bihar and University Memo No. B/4828 dated 23.11.1987 issued by the respondent No.2 and its amendment 2 letter No. B-5268 dated 11.12.1987 issued under the seal and signature of the officer in special duty Administration 1 and further to pay the scale of Rs. 1500/- to 2750/- from 1.1.1986 plus first time bound promotion amount which comes to Rs. 1640 to 2900/-.” With reference to the aforementioned prayer, learned counsel for the petitioner would submit that once the decision with regard to grant of merged pay-scale of the post of Assistant was already acted upon by the University in the case of the petitioner by passing an order on 9.7.2004, the subsequent order of the University staying the same by an order dated 27.7.2004 cannot be allowed to stand, specially when the subsequent order was only by way of temporary measure till holding of the enquiry on the subject. Mr. Banerjee, on the other hand, would submit that the order in favour of the petitioner by memo no. B/1695 dated 9th July, 2004 was stayed only to the further order of the Vice Chancellor and he, in absence of any instruction, cannot assist this Court. He would, however, submit that if the petitioner 3 would file a representation on the subject, the matter will be disposed of by the Vice Chancellor at an early date. Considering the fact that the matter has remained pending before this Court for almost six years, this Court would direct the Vice Chancellor of the University to look into the grievance of the petitioner and take an appropriate decision strictly in accordance with law. Such an exercise, however, must be completed within a period of four months from the date of filing of the representation by the petitioner enclosing not only the documents supporting his such claim but also the present order of this Court. It is, however, made clear that this Court has expressed no opinion on the merit of the claim of the petitioner. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)