IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5330 of 2007 BACHCHOO UPADHYAY son of late Adyanand Upadhayay resident of village- Banarjhula P. O. Chaita P.S. Pakridayal, District- East Champaran, at present Night Guard, Sri Rishikul Brahma Charryasham, Sanskrit Mahavidyalaya Bediban- Madhuban, East Champaran…Petitioner. Versus 1. THE STATE OF BIHAR 2. Secretary, Department of Higher Education, Government of Bihar, Patna. 3. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 4. Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 5. Principal, Brahmacharyasham Sanskrit Mahavidya Bediban- Madhuban, East Chamaparn. …. Respondents. ----------- 2. 30.07.2010 Heard counsel for the petitioner and counsel for Kameshwar Singh Darbhanga Sanskrit University. The prayer of the petitioner in this writ petition reads as follows:- “1 (i) For issuance of writ of mandamus or any other appropriate writ/writs, order/orders, direction/direction commanding upon the respondents to pay all the arrears of salary due to the petitioner from the date of his joining in service as a clerk in Sri Rishikul Brahamcharya Asharm Sanskrit Mahavidyalaya, Bediban Madhuban, East Champaran i.e. from 21.12.1994 to 24.4.97, with interest.” With reference to the aforementioned prayer learned counsel for the petitioner would submit that when the petitioner was appointed by the order of 2 Registrar as contained in Annexure- 2 dated 17.12.1994 on compassionate ground against the post of clerk, he would be entitled for payment of salary at least till date he was retained in service before being terminated under the order of the University. Initially, he had suggested the petitioner’s termination to be dated 24.4.97 in terms of annexure-6 but when this Court had confronted that said letter cannot be the termination letter, counsel for the petitioner has very fairly produced a copy of office order dated 8.8.1995 which would go to show that in terms of the directive issued by the Chancellor of the University dated 17.7.95 all the appointments made by the then Vice Chancellor Mr. Parsuram Upadhyay from the Month of September 1994 were cancelled. Thus, the claim of the petitioner of salary at best can be for the period from 21.12.1994 when he had joined the service and till 8.8.1995 when his services were terminated along with others. This court, therefore having also taken into account that the petitioner has now been appointed on a Class IV post in terms of earlier order of this Court dated 9.12.1999 in CWJC No. 6094 of 1998 would only direct 3 the University to examine the claim of the petitioner for payment of salary for the aforementioned period of 21.12.1994 to 8.8.1995 and in the event it is found that the petitioner had actually worked against the post, payment of salary of the petitioner for the aforesaid period will also be made for the said period on earlier prescribed rate. Such exercise must be completed by the University within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)