Kavita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2473 of 2024 ====================================================== Kavita Kumari Wife of Sri Shashibhushan Kumar, resident of villageKarhari, P.S. Bhagwanpur, District - Vaishali at Hajipur, presently working as Class- III employee L.N. College, Bhagwanpur, District - Vaishali at Hajipur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The Director Higher Education, Education Department, Government of Bihar, Patna.
4.
Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through the Registrar.
5.
The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.
6.
The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.
7.
The Finance Officer, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.
8.
The Principal, L.N. College, Bhagwanpur, District - Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Singh For the Respondent/s :
Mr.Addl. Advocate General 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the University.
2. The present writ petition has been filed for seeking following reliefs:
"(I) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent university to grant and allow the pay-scale admissible to the post of routine clerk to the petitioner from due on the principle of "equal pay for equal work" on the ground that the
Patna High Court CWJC No.2473 of 2024(3) dt.02-04-2025 2/3 petitioner is discharging her duties against the sanctioned and vacant post of routine clerk since the date of her joining as also on the ground that similarly situated persons have been granted such benefits.
(II) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent University to grant allow the monthly salary on the basis of minimum basic pay of 6th Pay Scale and 7th Pay scale with admissible dearness allowance pursuant to the office order contained in memo no.B/1222 dated 18.07.2022 issued under the signature of the Respondent no.6 on the ground that the same was granted to other employees of the Respondent University.
(III) For issuance of an appropriate writ in the nature of mandamus,commanding and directing the respondent university to calculate and pay the differences of salary on account of minimum basic pay of 6th and 7th pay scale with interest."
3. Learned counsel for the petitioner submits that the petitioner has already filed a detailed representation before the Vice-Chancellor, but till date no order has been passed by the Vice-Chancellor.
4. Considering the relief sought by the petitioner, the petitioner is directed to file a fresh representation before the Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (Respondent No.5) along with all supporting documents within a period of four weeks and the Respondent No. 5 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through her counsel and pass a reasoned and speaking order in
Patna High Court CWJC No.2473 of 2024(3) dt.02-04-2025 3/3 accordance with law within two months thereafter.
5. It is made clear that the Respondent No. 5 shall be liable for non-compliance of this order within the stipulated period.
6. With the aforesaid direction, the writ application stands disposed of.
(Anjani Kumar Sharan, J) anand/- U