DAROGA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has prayed for issuance of a writ of mandamus directing the respondents Universities and College to make payment of his salary, which is not being paid to him after June 1992.

(3.) IT is submitted by counsel for the petitioner that by virtue of the order, as contained in annexure 1 dated 29.4.1982 the petitioner was appointed on Class IV post as Orderly Peon against a sanctioned post and he continued to work as Orderly Peon throughout and his salary was also paid up to June 1992, but without any rhyme or reason the same was withheld after June 1992 till date. It is further contended that appointment of the petitioner was made on regular basis by virtue of the order of the University against the sanctioned post, which necessarily would mean that his appointment was either approved under the provisions of Sections 10(2) and 35 of the Bihar State Universities Act (hereinafter to be referred to as "Act") or on the basis of Staffing Pattern, and, therefore, the petitioner was entitled for his salary throughout. It is also contended by the counsel for the petitioner that no proceeding, whatsoever, was initiated against the petitioner leading to stoppage of salary nor his services were ever terminated.