Raj Kumar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.751 of 2017 =========================================================== Raj Kumar Prasad Singh, S/o Late Bhukhan Singh, resident of Village- Singriwan, P.O.- Singriwan, P.S.- Shahjahanpur, District- Patna. .... .... Petitioner/s

Versus

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

2. The Vice Chancellor, Veer Kunwar Singh University, Ara, Bhojpur.

3. The Registrar, Veer Kunwar Singh University, Ara, Bhojpur.

4. The Finance Officer, Veer Kunwar Singh University, Ara, Bhojpur.

5. The Principal, Shershah College, Sasaram, Rohtas. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate Mr. Parmeshwar Vishwakarma, Advocate For the Respondent/s : Mr. Kumar Kamla Nayan, AC to SC-28 For the University : Mr. P. K. Verma, Sr. Advocate Mr. Arbind Nath Pandey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 01-12-2017 Heard learned counsel for the petitioner, State and the University.

2. The grievance of the petitioner is for payment of arrears of difference of salary after promotion of Lecturer to the post of Reader from September 1999 to March 2010 of amounting Rs.6,63,435/-, difference of revised salary of U.G.C. from January 2006 to March 2010 of amounting to Rs. 10,95,726/- and difference of pay fixation by the State Government for promotion of Assistant Professor to the post of Associate Professor subsequently designated from April 2010 to August 2013 amounting to Rs.14,90,499/-.

Patna High Court CWJC No.751 of 2017 dt.01-12-2017 2/3

3. If the respondent University has granted the benefit of payment of arrears to other teachers on account of UGC pay scale, there is no reason to make a departure in the case of the petitioner.

4. Since the University has to redress the grievance of the petitioner with regard to payment of arrears on account of UGC revised pay scale, the writ application is disposed of with a direction to the petitioner to file a detailed representation to the Registrar of the University (respondent no.3), who shall look into the grievance of the petitioner and if it is found that the petitioner is entitled for payment of arrears of salary etc. as claimed in para 1(a) of the writ application, the Registrar of the University shall ensure payment of the same to the petitioner, if not already paid.

In case, the University is facing any financial hardship on account of non-release of the fund by the State Government, the University may request the State Government for release of such fund for payment of arrears to the petitioner and on such request the Director, Higher Education, Bihar and other concerned authorities will take appropriate steps so that the legitimate arrears are paid to the petitioner at the earliest. The entire exercise in the matter shall be completed by the University within a period of 60 days from the date of receipt/production of a copy of this order.

5. In the event any formality is required at the level of the State Government, the University will pursue the matter with the

Patna High Court CWJC No.751 of 2017 dt.01-12-2017 3/3 State Government and the State Government is expected to release the fund for payment of arrears to the petitioner within a further period of two months from the date of request made by the University.

6. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.12.2017 Transmission Date NA