KRISHNA KUMAR KHAWARE Vs. ACHARYA VINOBA BHAVE UNIVERSITY

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petitioner has approached this Court in the present writ petition in the year 2004 for directing the respondents to pay salary to the petitioner which, according to him, has not been paid from April, 1981 till date in spite of the fact as alleged by the petitioner that he is working as class-III employee in the Balanand Sanskrit Mahavidyalaya, Deoghar on the post of Library Assistant continuously.

(2.) The petitioner had earlier approached Patna High Court in CWJC No. 2867 of 2000 (P) also for the same and similar relief for payment of salary from April, 1981. It is the case of the petitioner that he was appointed on the post of Library Assistant in the year 1981 by the Governing Body of the college, which be-came constituent in the year 1982 and as per submission of the counsel for the petitioner, employees appointed by the managing committee on the sanctioned post shall be taken in the University service. That writ petition was dismissed vide order dated 19th August, 2002 on the ground that this Court has no jurisdiction to entertain this writ petition as the University in question was situated at Darbhanga within the State of Bihar and the college, in which the petitioner is alleged to have been working, also comes within the said University, by giving liberty to the petitioner to approach the Patna High Court. The petitioner has relied upon an office order as contained in Annexure-5 dated 1st September, 1998 under the signature of the Registrar, according to which the services of the petitioner were to be adjusted on the sanctioned vacant post of Library Assistant with effect from 1st April, 1998.

(3.) The respondent Acharya Vinoba Bhave University has appeared and filed their counter-affidavit in which the said college now falls. The respondent categorically stated that the letter No. S. U.-32/99-3743/R.S. dated 10.8.1999 was sent from the Governor, Secretariat to the Vice-Chancellor, K.S.D.S. University, Darbhanga categorically indicating therein that there is no reason to grant the scale and salary of the Library Assistant to the petitioner. This was again communicated vide letter dated 5th November, 1999, Annexure-B, and the petitioner has moved this Court after lapse of five years after communicating the said letter to the petitioner and the said letter is not challenged in the present writ petition. It is the categorical statement of the Acharya Vinoba Bhave University that after bifurcation of the State and transfer of the said Balananda Sanskrit College, Deoghar to the present Acharya Vinoba Bhave University, the name of the petitioner also does not figure in the list of the employees of the said Balanand Sanskrit College, Deoghar. It is the further case of the respondents that the claim of the petitioner is wholly untenable as he was not appointed on any vacant sanctioned post and the governing body was not competent to make appointment against such post after more than six months. Counsel for the respondents also submitted that his earlier writ petition was also not entertained by this Court and the same has attained finality.