IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1081 of 2011 In Civil Writ Jurisdiction Case No. 1380 of 2011 With Interlocutory Application no. 5012 of 2011 In Letters Patent Appeal No. 1081 of 2011 ====================================================== 1. L.N.Mithila University Darbhanga, through its Registrar, Kameshwar Nagar, Darbhanga. 2. The Vice-Chancellor, L.N.Mithila University, Kameshwar Nagar, Darbhanga. 3. The Registrar, L.N.Mithila University, Kameshwar Nagar, Darbhanga. .... .... Respondents/ Appellants Versus 1. Ram Pujan Thakur, Medu Thakaur, R/O Village & Po-Koil, Bhupat, PS-Mahandia, District-Arwal (Jahanabad). 2. Shabbir Ahmad, Late Md.Ayub, R/O Vill. & PO Koila Asthan, Ps- Kewali, District-Darbhanga 3. Rati Kant Lal Das, Late Badri Narayan Laldas, R/O Mohalla- Sunderpur Bira, PO-Lalbagh, PS.-University, District-Darbhanga. .... .... Petitioners/Respondents ====================================================== Appearance : For the Appellant/s : Mr.Chittaranjan Sinha, Sr. Advocate Mrs. Nivedita Nirvikar, Advocate. For the Respondent/s : Mr. Pushkar Narayan Sahi Mr. Anil Singh, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10 17-10-2011 Feeling aggrieved by the judgment and order dated 2nd May 2011 passed by the learned single Judge in above CWJC No. 1380 of 2011, the respondent L.N. Mithila University, Darbhanga (hereinafter referred to as ‘the University’) has preferred the present Appeal under Clause 10 of the Letters Patent. The subject matter of dispute is the transfer of the writ petitioners, the employees of the University to the constituent Patna High Court LPA No.1081 of 2011 (10) dt.17-10-2011 2 / 2 2 colleges. The learned single Judge has allowed the writ petition. The learned single Judge has held that the University and the constituent colleges have separate and individual existence, inter-se transfer is not permissible. Therefore, the present Appeal. Learned counsel Mr. Chittaranjan Sinha has appeared for the University. He has relied upon the Government instructions dated 28th April 2010 (Annexure-8 to the supplementary affidavit). He has submitted that it is the mandate of the State Government that the salary grant for the persons working on the sanctioned posts alone will be paid to the University. Mr. Sinha has, however, not been able to establish that the writ petitioners were not working on the sanctioned posts. In absence of any factual material on record, no interference is warranted. Appeal is dismissed in limine. Interlocutory application stands disposed of. Sujit /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)