Sachchidanand Jha, J.

1. The petitioner seeks direction upon the L.N. Mithila University to pay him salary from 23-7-2001. He is a Reader in the Department of Commerce in LNJ College, Jhanjharpur, under L.N. Mithila University. While in service of the University he contested the election for the office of Mukhiya from Mahrail Gram Panchayat within Andhrathadhi Block of Madhubani District and was declared elected on 15-5-2001. He took oath of the office on 23-7-2001 and has been holding the office of Mukhiya since then.

2. The case of the petitioner is that he contested the election after taking permission from the University. After election he has been performing the duties of two posts without any difficulty. If for any unavoidable reason he is not able to perform the duties of Mukhiya, the Up-Mukhiya can function in his absence. Thus petitioners continuance as Mukhiya is not likely to cause any obstruction in discharge of his duties as Reader, and as he has been actually performing the duties of post of Reader, he is entitled to salary. It was stated that the post of Mukhiya is not a salaried post.

3. On behalf of the University it was submitted that the petitioner was no