IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.15401 OF 2007. INDRA DEV SINGH, S/O LATE BULAKH SINGH, R/O DARIYAPUR, P.O. KASYAMA (HILSA), P.S NAGAR NAUSA, DISTRICT NALANDA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 2.THE MAGADH UNIVERSITY, BODY GAYA, DISTRICT BODH GAYA. 3.THE VICE CHANCELLOR, MAGADH UNIVERSITY , BODH GAYA, DISTRICT GAYA. 4.THE REGISTRAR, MAGADH UNIVERSITY, BODY GAYA, DISTRICT GAYA. 5.THE FINANCE OFFICER CUM CO-ORDINATE, PAY ANAMOLY COMMITTEE, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA. ………………………RESPONDENTS. -------------- 02/ 19.12.2011 Having heard counsel for the parties and taking into account that the petitioner has already retired in the year 2001 it must be held that his grievance for grant of a higher pay scale after six years of his superannuation is both belated and also misconceived. As a matter of fact there is no legal basis for the same, and in this regard the reliance placed by the learned counsel for the petitioner at Annexure-3, a booklet published by a private book agency containing some article on library administration is wholly uncalled for and can never be made the basis for issuing a writ of mandamus, inasmuch as, the employer being the University and the fund for such salary being made by the State of Bihar, it is only when the Government of Bihar would prescribe service condition with a higher pay scale that could become available to the employees of the University including the petitioner. Neither the U.G.C nor any other Authority can play any decisive role in fixation of pay scale of non-teaching employee of the University, which has to be done by the State Government. In this background if the learned counsel for the petitioner has sought permission to withdraw this application in order to enable the petitioner to move the Authorities for reagitating his grievance for payment of higher amount of salary, this Court can not deny such liberty but then the State Government and University will consider the case of the petitioner only in accordance with law. That being so, this application is, accordingly, permitted to be withdrawn with the aforementioned liberty. Ranjan (Mihir Kumar Jha, J.)