Patna High CourtCWJC/10592/2018disposed

Gopal Singh v. The State Of Bihar And ORS

2018-07-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10592 of 2018 ====================================================== Gopal Singh, Son of Late Ram Nath Singh, Resident of Indrapuri, Road No. 10, House No. 35, P.S. Patliputra , Distict- Patna. .... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Education Department Government of Bihar, Patna.

2. The Principal Secretary, Education Department Government of Bihar, Patna.

3. The Director Higher Education, Government of Bihar Patna.

4. The Vice-Chancellor, Magadh University, Bodh Gaya, Gaya.

5. The Registrar, Magadh University, Bodh Gaya, Gaya.

6. The Vice-Chancellor, Patna University, Patna.

7. The Registrar, Patliputra University, Patna, Patna.

8. The Finance Officer, Magadh-University, Bodh-Gaya, Gaya.

9. The Section Officer (Pension), Magadh University, Bodh Gaya.

10. The Principal, A.N College, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Dhirendra Kumar, Advocate. For the Respondents : Mr. Rajiv Ranjan, A.C. to G.P. 20. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for by the petitioner in the present writ application.

"1. (i) For quashing the Letter No. 5670/18 dated 09.02.2018 and restraining the respondents from making any recovery or adjustment of salary paid to the petitioner prior to his retirement.

(ii) For direction for fixation of pay scale of the petitioner from 01.01.1996 and from 01.04.2006 (effect from 01.04.2007) as re-designated demonstrator.

(iii) For direction to respondent

Patna High Court CWJC No.10592 of 2018 (2) dt.23-07-2018 2/2 authorities to make payment of difference of arrears of salary for the period between 01.04.2007 to till date in revised/replacement pay scale (Sixth) of Rs. 9300-34800 in pay band of Rs. 4200/- to the petitioner retired as Laboratory In charge/Re Designated Demonstrators, and to release appropriate fund for payment of arrears to the College so that consequent payment is made to the petitioner with consequential relief."

It has been submitted by learned counsel for the petitioner that the case of the petitioner is squarely covered by the order passed by another co-ordinate Bench of this Court in C.W.J.C. No. 7940 of 2018 dated 02.05.2018 and its modified order dated 20.06.2018.

The respondent no. 5 the Registrar, Magadh University, Bodh Gaya, Gaya, is directed to examine the case of the petitioner in light of the order passed in C.W.J.C. No. 7940 of 2018 dated 02.05.2018 and its modified order dated 20.06.2018 and if the petitioner is entitled to the relief sought for, the same shall be granted to the petitioner within a period of three months from the date of passing of this order.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U T