Satyanarayan Kamati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1831 of 2022 ====================================================== Satyanarayan Kamati Son of Rajeshwar Kamati Resident of Village - Gurmaha Haripur, P.O. - Gurmaha, P.S. Lohut, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Education Department, Bihar, Patna.

2.

The Director, Higher Education, Education Department, Govt. of Bihar, Patna.

3.

Tilakamanjhi Bhagalpur University Through the Vice Chancellor, Bhagalpur.

4.

The Vice Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur. 5.

The Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Hriday Prasad For the TMBU :

Mr. Ashhar Mustafa Ms. Anita Kumari For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-01-2026

1. The petitioner has filed the present writ application for direction to the respondent-University for payment of wages for the period from September, 2001 to July, 2002 at the rate of 260/- per month and from August, 2002 to July, 2007 at the rate of Rs. 900/- per month with all consequential benefits.

2. Learned counsel for the petitioner submits that on 02.06.2005, the Vice Chancellor of the University sent a

2/4 letter to the Assistant Secretary (Establishment) to engage the petitioner in the residential office from 02:00 PM to 09:30 PM. The petitioner also worked in P.G. Men's Hostel and Prof. Upendra Sah has given certificate of working to the petitioner for the period from 26.11.2001 to 31.12.2001. The petitioner worked there as machine operator.

3. On the other hand, learned counsel for the Tilkamanjhi Bhagalpur University submits that the Professor In-charge of TMBU Library, Bhagalpur, sent a letter, dated 09.05.2024, stating therein that the name of the petitioner is not mentioned in the attendance register during the period from 1999 to 2007 and as such in absence of any proof of working of the petitioner in the Hostel or at Central Library of TMBU, no question arises for payment of wages to the petitioner.

4. He further argued that Registrar of the respondentUniversity also issued a letter, dated 11.05.2024, to the Superintendent, P.G. Men's Hostel, TMBU, Bhagalpur, asking him to furnish the records with regard to working of the petitioner at P.G. Men's Hostel as Machine Operator. In response thereto, the Hostel Superintendent,

3/4 P.G. Men's Hostel 04, TMBU, Bhagalpur, sent a letter, dated 14.05.2024, stating that after enquiry it has been found that there is neither any information nor any document with respect to the working of the petitioner at the P.G. Men's Hostel and there is no attendance register showing that the petitioner was working at P.G. Men's Hostel.

5. I have heard learned counsel for the parties and have gone through the materials available on records.

6. The petitioner has not produced any document to show that he actually worked from 2001 to 2007 and has marked his attendance in the register. The stand of the respondent-University is that in the attendance register, the name of the petitioner does not appear and attendance of the petitioner was not marked.

7. In view of the fact that the petitioner has approached this Court after about 21 years for payment of wages due for the year from 2001 to 2007 and considering stand of the University that attendance register does not show that the petitioner had marked his attendance during the period for which he is demanding wages, I do not find any merit in this writ application.

4/4

8. In the result, the present writ application, being devoid of any merit, is, accordingly, dismissed.

(Anil Kumar Sinha, J) ashwani/- U