IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.200 of 2002 Md.Taiyab Siddiqui, S/O Late Maulvi Shafi, resident of Mohalla- Bhigu, P.S. Laheriasarai, District- Darbhanga, presently posted as proctor, L.N.Mithila University, Kameshwarnagar, Darbhanga ……… Petitioner Versus 1.L.N.M.University, through the Vice Chancellor, Kameshwarnagar, Darbhanga 2.Dr.A.M.S.Abdul Moghni, Father’s name not known, resident of New Azimabad Colony, P.S. Sultanganj, District- Patna, Ex-Vice Chancellor, L.N.M. University, Darbhanga 3.Bihar State University (Constituent Colleges) Service Commission, Gokul Marg, North Srikrishnapuri, Patna through its Chairman 4.Dr.A,Wahab Ashrafi, Father’s name not known, Haroonnagar Sector-2, P.S. Phulwarisharif, District- Patna, Ex-Chairman of University Service Commission 5.Dr.Md.Kamaluddin, Father’s name not known, Department of Urdu, L.N.Mithila University, Kameshwarnagar, Darbhanga 6.Dr.S.A.Yahya (Presently under suspension) father’s name not known, C/O Registrar, L.N.M.University, Kameshwar Nagar, Darbhanga 7.Regiustrar, L.N.M.University, Darbhanga ……… Respondents ----------- 9. 11/01/2010 On remand from this Court, the Chancellor has passed orders, as contained in Annexure-6, directing the University to seek fresh recommendation of the University Service Commission in respect of promotion of respondent no.5 to the post of University Professor holding that there was break in his service on 17.5.1973 and 14.3.1974, and thereafter, has directed the University to decide inter se seniority between petitioner, respondent no.5 and respondent no.6. - 2 - The University did not do it and therefore, this writ application was filed. Now the Bihar State University (Constituent College) Service Commission has been abolished and the powers of the Commission have been vested in the Committee at the University level itself. Learned counsels for the parties agree that this Court should direct the Vice Chancellor of the University to arrange a meeting of the said Committee and place the matter before it for final decision. Therefore, this Court directs the Vice Chancellor of the University to arrange a meeting of the said Committee within a period of two months from the date of receipt/production of a copy of this order and place the matter before it for final decision in accordance with law in respect of inter se seniority of the three incumbents and decision in respect of their posting as University Professor and head of the department on notional basis since they have admittedly superannuated. The Vice Chancellor shall also consider whether after such determination the incumbents are entitled for any pecuniary benefits or not and if they - 3 - are found to be entitled so, they shall be paid the same preferably within a period of three months from the date of such determination. This writ application is accordingly disposed of with the aforesaid observations and directions. Pradeep/ (J. N. Singh, J.)