IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11048 of 2003 Dinesh Chandra Yadav, Son of Late Lattar Yadav, Resident of Village Bhadaur, Police Station Deodha, District Madhubani. ------ Petitioner Versus 1. The V.C., L.N. Mithila University, Darbhanga. 2. The Registrar, L.N. Mithila University, Darbhanga. 3. The Principal, D.B. College, Jayanagar. ------ Respondents ----------- 5 09.08.2010 Heard Mr. Subodh Kumar Jha, learned counsel for the petitioner and counsel for the L.N. Mishra University. The writ application was initially filed by the petitioner by seeking the following relief:- “1(i) Issuance of a writ in the nature of mandamus and/or any other appropriate writ, order or direction directing and commanding the Respondents to accept the joining of the petitioner with effect from 3.1.2002 as Lab-in-charge (Geography Department) in College in question in pursuance of University Letter dated 22.12.2001. (ii) Issuance of a writ, order or direction to make payment of salary to the petitioner with effect from 3.1.2002 treating him to be in service from that date due to his joining on 3.1.2002 in pursuance of letter dated 22.12.2001 in the College in question.” During pendency of this writ 2 application, the authorities have, pursuant to the direction of this Court in CWJC No. 5774 of 2000, passed an order refusing to regularize the service of the petitioner. Mr. Jha also wants to assail the said letter but then he is not in a position to produce the appointment letter of the petitioner or has not named the persons about whom it is alleged that they, being junior to the petitioner, were regularized leaving the petitioner discriminatorily. In that view of the matter, the prayer of the petitioner for amendment of the writ application or assailing the order dated 25.11.2007 is hereby rejected with a liberty that the petitioner may assail the same in accordance with law. Coming to the relief sought in the main writ application, this Court would find that the petitioner claims for payment of daily wages for the period 3.1.2002 onwards. In order to claim for payment of daily wages, the petitioner must have a valid and legal appointment and therefore, if the petitioners’ appointment was bad in terms of 3 the Act and Statute and if he had really worked on the said post, he may be entitled for payment of daily wages for the said period. There is no counter affidavit on behalf of the University which could have at least clarified this aspect. The University is not in habit of filing counter affidavit and, therefore, this writ application of the year 2003 cannot be kept waiting endlessly for filing of such counter affidavit. In that view of the matter, all that this Court can do is to direct the Registrar of the University to examine the claim of the petitioner for payment of daily wages for the work admittedly done by him and if the Registrar would find that the appointment of the petitioner was made validly and legally and he had also worked on the post, he would direct for payment of daily wages for the admitted period of work of the petitioner. Such an exercise, however, must be completed by the Registrar of the University within a period of three months from the date of receipt/production of a copy 4 of this order. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)