IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10741 of 2006 Tileshwar Prasad Sahu, Son of Sattan Prasad Sahu, R/o Ward No. 8, Supaul, P.S. and Distt. Supaul. -------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Human Resources, Higher Education Department, Govt. of Bihar. 3. B.N. Mandal University, through its Registrar, Laloo Nagar, Madhepura. 4. Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura. 5. Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 6. Principal, Bharat Sevak Samaj College, Supaul. 7. Lalit Narain Mithila University, through its Registrar, Kameshwar Nagar, Darbhanga. 8. Registrar, Lalit Narain Mithila University, Kameshwar Nagar, Darbhanga. --------- Respondents ----------- 2 28.07.2010 Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:- “1(a) For issuance of a writ in the nature of Mandamus directing the respondent authorities to make payment to the petitioner the Salary of Lab Boy, the post on which he was initially appointed and on which he has been working for almost the entire period of his service. (b) For a direction to the respondent authorities for payment of the difference in amount of salary 2 being paid to the petitioner and to which he is found entitled to, from the date of his joining along with statutory interest.” Counsel for the petitioner would submit that when the appointment of the petitioner was made in the Bharat Sevak Samaj College, Supaul (hereinafter to be referred to as ‘the college’) by the governing body of the affiliated college in the year 1966 on the post of Lab Boy, the petitioner therefore is entitled to get salary for the post of Lab Boy and not of a Peon as decided by the University. In the opinion of this Court, Annexure-13, the representation of the petitioner, would itself make it clear that when the college was made constituent in the year July, 1977, the service of the petitioner was not taken over as a Lab Boy but only as a Peon. At that point of time, the petitioner did not approach this Court or any other judicial forum and today he cannot be allowed to raise a dispute with regard to post on which his services were not taken over by the University in terms of Section 4(1)(14) of the Bihar State University Act. 3 That being so, this application is wholly belated and the same is dismissed accordingly. Rsh (Mihir Kumar Jha, J.)