IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2256 of 2002 CHANDRA MOHAN CHAUDHARY, son of Late Shuklambar Chaudhary, resident of village + P.O. Basaith Chandpur Patti, P S. Benipatti, District- Madhubani, at present working as Clerk in Deoshankar Haldhar Chaudhary Sanskrit College, Chanpura (Basaith) P. O. Dhanukhi Chanpura, District- Madhubani. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner and Secretary, Higher Education, Government of Bihar, Patna. 3. The Joint Secretary, Higher Education, Government of Bihar, Patna. 4. The Deputy Secretary, Higher Education, Government of Bihar, Patna. 5. Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, through its Registrar. 6. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. 7. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. 8. The Finance Officer, Kameshar Singh Darbhanga Sanskrit University, Darbhanga. 9. The Governing Body, Deoshankar Haldhar Chaudhary Sanskrit College, Chanpura, P.O. Dhanukhi Chanpura, District Madhubani, through its Secretary. 10. The Secretary, Governing Body of Deoshankar Haldhar Chaudhary Sanskrit College, Chanpura, P O Dhanukhi Chanpura, District- Madhubani. 11. The Principal, Deoshankar Haldhar Chaudhary Sanskrit College, Chanpura, P O Dhanukhi Chanpura, District- Madhubani. … Respondents. --------- For the Petitioner : Mr. S. P. Mukherjee, Sr. Adv. : Mr. Shanti Pratap, Adv. For the University : Mr. Gyanand Roy, Adv. For the respondents no. 9, 10 and 11 : Mr. Subhas Chandra Jha, Adv. ----------- 7. 06.07.2010 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for Kameshwar 2 Singh Darbhanga Sanskrit University, Darbhanga as also learned counsel for Governing Body of Deoshankar Haldhar Chaudhary Sanskrit College,Chanpura. Initially, this writ petition was filed for payment of arrears of salary for the period 19.9.1980 to 30.11.1989 and 1.9.1990 to 28.2.1991 and 1.10.1991 to till date but during the pendency of this writ petition the services of the petitioner were terminated by an order of Secretary to the Governing Body dated 21.2.2002 in terms of the Resolution of the Governing Body of the College and such resolution of the Governing Body has also been approved by the Registrar of the University by his letter No. 10915 dated 30.10.2002. This subsequent event of termination therefore has been assailed by filing an interlocutory application, I. A. No. 128 of 2004. There is no difficulty in holding that the petitioner's writ petition as with regard to payment of their salary despite being employees of aided affiliated college receiving grant of payment of salary through the funds of the State Government was/is maintainable but the moment this Court would find that the petitioner’s services have already been terminated by the Governing 3 Body, the relief against such order of termination cannot be made subject matter of a writ petition. Specially when the petitioner has also an alternative statutory remedy inasmuch as the statutes of the University for non- teaching staffs of affiliated college itself provide an appeal before the Vice-Chancellor of the University. Such appeal therefore being statutory alternative remedy, the writ petition for the cause of action which has arisen during the pendency of this writ petition is not maintainable. Realizing this position in law counsel for the petitioner would seek permission to withdraw this writ petition in order to avail statutory alternative remedy of appeal. This Court would accord leave to the petitioner to withdraw this writ application with a liberty to file an appeal. In the event the Vice-Chancellor of the University will find reasons to interfere with the impugned order of termination of the petitioner, he will also take appropriate decision as with regard to the claim of payment of salary of the petitioner for the period involved in this writ petition. 4 Needless to emphasize, if the order of termination is upheld even in the appeal the petitioner will have a remedy only before the Civil Court which alone has power to adjudicate on the issues relating to termination of service of an employee by a private Governing Body/Managing Committee as has been held by Division Bench of this Court in the case of Chandra Nath Thakur vs. Bihar Sanskrit Shiksha Board & Ors, reported in 1999(1) PLJR 529. kanchan/ (Mihir Kumar Jha, J.)