IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1786 of 2002 Dr. Sarjoo Prasad Singh, Son of late Lakshmi Singh, Resident of Village Barhiha, P.O. Nasriganj, District Rohtas. --------- Petitioner Versus 1. Rajendra Agri. University, Bihar, Pusa, Samstipur through its Registrar, having office at Pusa, Samastipur. 2. The Vice Chancellor, Rajendra Agricultural University, Bihar, Pusa, Samastipur. 3. The Director Administration, Rajendra Agricultural University, Bihar, Pusa, Samastipur. 4. The Comptroller, Rajendra Agril. University, Bihar, Pusa, Samastipur. ----------- Respondents ----------- 8 05.07.2010 Heard learned counsel for the petitioner and counsel for the University. The prayer of the petitioner in this writ application reads as below:- “1(i) Issuance of a writ in the nature of mandamus commanding/directing the Respondents to grant the U.G.C. pay scale as prescribed for the post of the Chief Scientist-cum-University Professor with due date, i.e. from 18.10.1995. (ii) Issuance of a writ in the nature of mandamus, commanding/directing the Respondents to fix the salary in the said U.G.C. scale of Chief Scientist- cum-University Professor with consequential reliefs, effective from the due date and to pay the arrears of salary and to revise the retrial benefits on the basis of the said pay scale of Chief Scientist-cum- University Professor.” There is a counter affidavit filed 2 by the University which clarifies the mist, inasmuch as, in paragraph no.6 it has been stated as follows:- “6. That in regard to the relief sought for by the writ petitioner, it is respectfully submitted that the Petitioner’s Claim to grant him the Pay scale of Chief scientist cum university Professor does not hold merit in this sense that he was assigned only to act as Chief Scientist-Cum-University Professor at Regional Research station, Madhopur. The Petitioner was made incharge of said post in the absence of regular Chief scientist cum University Professor and for making incharge of the higher Post to any employee of the University is not a new Phenomena in the university. Such arrangements are often done almost in all offices of the Government. At present there are many such Cases in the University that the employees have been made in charge of the higher responsibilities or higher Post to look after the work but no higher scales have been granted to such employees. So keeping view the facts stated above, such type of the claim of the Petitioner is not justified and admissible. His claim has no merit for consideration.” Despite service of copy of the 3 counter affidavit on the counsel for the petitioner on 1.4.2010, there is no rejoinder and therefore, this Court has to hold that it was a fortuious circumstances in which the petitioner came to hold the post of Chief Scientist cum University Professor and for such ad hoc interim arrangement the petitioner cannot claim benefit of promotion and payment of salary from a retrospective effect. It is, however, made clear that nothing said in this order will come in the way of the petitioner in getting his due of such post of Chief Scientist cum University Professor from the date his juniors had/or will be given such promotion. With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)