JAGMOHAN GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) WE have heard learned counsel for the appellant, learned counsel for the University and learned counsel for the State.

(2.) THE appellant was a writ petitioner before the learned single Judge. He has filed the writ petition for a direction to pay arrears of his salary for the period 28.07.2002 to February 2009, and up -to -date along with the interest as he was working on the post of Lab in -charge in the College of Commerce, Patna which is a constituent Unit of Magadha University. The learned single Judge, without adjudication, disposed of the writ petition merely by an order that the Vice Chancellor has worked out the salary due for the period 28.07.2002 to 28.08.2009 at Rs. 6,17, 083/ - which should be immediately paid. The writ petitioner has contested this position in as much as the counter affidavit of the University stated that though the writ petitioner was working as a Lab in charge since 1992, the auditor found that he was appointed as Lab boy in the year 1968 and as such his arrears of salary as noted above would be paid on that pay scale. To say the least absurdity it writ large on the face of the record.

(3.) THE writ petition contained annexures being orders of the Registrar of the university approving the writ petitioner's appointment as Lab in -charge on which post he has been working since 14.06.1992. No one had challenged that position. Even during the pendency of this proceeding when the writ petitioner, who is appellant, retired the letter of the Principal of the College to the University shows that the writ petitioner retired as Lab in -charge. The first question that arises is as to what is the authority of the auditor appointed by the State Government.