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2006 Supreme(Pat) 333

PATNA HIGH COURT
Narayan Roy, J.
Sandhya Mandal
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 1343 of 2001 ;
Decided On : APRIL 18, 2006

Headnote:University Law-Salary-Withheld-Salary of many persons who were working in the university in unauthorized manner withheld as per policy decision of Chancellors Secretariat-Persons who have appeared for regular appointment pursuant to an advertisement pending before State Govt for approval-No relief can be granted at this stage-However the petitioner would be entitled for due salary/remuneration in case her appointment and others would be approved by the State Govt. (Paras 4 & 5)

Judgment

1. Heard counsel for the parties.

2. The petitioner has prayed for issuance of direction upon the respondents to pay her monthly salary, which has arbitrarily been withheld since September 1999.

3. It is submitted by learned counsel for the petitioner that the petitioner was getting a scale and all of a sudden the same was withheld for the reasons best known to the University.

4. Learned counsel for the University with reference to paragraph 18 of the counter affidavit submitted that many persons like the petitioner were working in the University in an unauthorised manner and as per the policy decision of the Chancellor Secretariat, salary/remuneration of such persons was withheld. It is further submitted that the matter thereafter was again examined and the persons, who had appeared pursuant to an advertisement, were considered for regular appointment and a list of 365 persons was prepared including the petitioner to regularise them and the matter is pending before the State Government for its approval.

5. In view of the statement made by learned counsel for the University in my opinion, no relief can be granted to the petitioner at this stage. However, the petitioner would be entitled for her due salary/ remuneration in case her appointment and others would be approved by the State Government.

6. With the direction/observation aforesaid, this application is disposed of.

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