IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2681 of 2005 1. GODHAN RAM, SON OF LATE MOGHUL RAM, RESIDENT OF VILLAGE MADWAR, P.S. CHANDI, DISTRICT BHOJPUR. 2. RAM BILAS CHOUDHARY, SON OF LATE DASAI CHOUDHARY, RESIDENT OF VILLAGE MAHDAHI, P.S. BIHTA, DISTRICT PATNA. 3. SUBHAGO DEVI, WIFE OF LATE BINDESHWARI PRASAD, RESIDENT OF VILLAGE BAIRIYA, P.S. GAURICHAK, DISTRICT PATNA. ------------------------------------------------------------------------------------------------ PETITIONER Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, PATNA. 2. THE SECRETARY, HIGHER EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE MAGADH UNIVERSITY, BODH GAYA THROUGH ITS REGISTRAR, P.S. BODH GAYA, DISTRICT GAYA. 4. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, P.S. BODH GAYA, DISTRICT GAYA. 5. THE REGISTRAR, MAGADH UNIVERSITY, P.S. BODH GAYA, DISTRICT GAYA. 6. THE PRINCIPAL, G.J. COLLEGE, RAMBAGH, BIHTA, DISTRICT PATNA. -------------------------------------------------------------------------------------------- RESPONDENTS *********** 3 3.1.2011 I.A. No. 3088 of 2008 Petitioner no. 3 died during the pendency of this writ application and as such this interlocutory application has been filed by his wife for substituting her name in place of her husband (petitioner no. 3). This interlocutory application is allowed. Petitioners were appointed as non- teaching staff in G.J. College, Rambagh, Bihta, Patna which is under the Magadh University. After their appointment, they were subsequently granted promotion as Routine Clerks since 11.1.2001 by the Magadh University vide Memo 2 No. 13/GIC dated 11.1.2001. The problems arose on account of the fact that the State Government had treated the petitioners to be Lab Boys and issued pay slips in favour of the petitioners granting them salary of Lab Boys. Subsequent to the issuance of pay slips by the State Government, the Principal of the College/University acknowledged that the entitlements slips issued from the College have been wrongly issued which led to the petitioners being treated as Lab Boys by the State Government. The Principal of the College issued a correction slip on 1.9.2005 which was accepted by the State Government and the petitioners were treated to be Routine Clerks from the date on which they were given promotion i.e. w.e.f. 13.1.2001. Their salary slips were accordingly prepared which would be apparent from annexure B series to the supplementary affidavit filed on 10.7.2006. The only grievance of the petitioners is that since the promotion was granted to the petitioners w.e.f. 13.1.2001, they should be paid the salary of Routine Clerks from 13.1.2001 to August, 2005. I see no difficulty for the State or the Principal of 3 the College to recommend and make payment to the petitioners on the post of Routine Clerks from the date on which they were promoted i.e. 13.1.2001, in view of the fact, that the State Government has accepted the recommendations made by the Principal of the college aforesaid and granted pay scale of Routine Clerks to the petitioners. I accordingly direct that the Principal of the College should forward the entitlement of the petitioners to the Registrar/Finance Officer of the Magadh University who will pass appropriate orders and grant their arrears of salary to which the petitioners are entitled by virtue of being promoted as Routine Clerks from 13.1.2001 within a period of four months on receipt of a copy of this order. The University shall also ensure that payments should be made to the petitioners within a period of six months thereafter. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)