Dr. Usha Kumari v. The T. M. Bhagalpur University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9461 of 2017 =========================================================== Dr. Usha Kumari, W/o Late Yogendra Choudhary, R/o Flat No. 201, Shivam Apartment, Tilkamanjhi, P.S.- Tilkamanjhi, Town & District- Bhagalpur-1. .... .... Petitioner/s

Versus

1. The T. M. Bhagalpur University, Bhagalpur, through its Registrar.

2. The Vice- Chancellor, T. M. Bhagalpur University, Bhagalpur.

3. The Financial Advisor, T. M. Bhagalpur University, Bhagalpur.

4. The Finance Officer, T. M. Bhagalpur University.

5. The Principal, S.M. College, Bhagalpur.

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

7. The Director, Higher Education, Education Department, Government of Bihar, New Secretariat, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG For the University : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 21-12-2017 Heard counsel for the petitioner and the State as well as counsel appearing on behalf of the University. The grievance of the petitioner is non-consideration of his case for grant of difference of salary on account of pay revision. Counsel for the petitioner submits that the Pay Verification Cell of the Education Department, Government of Bihar has also found substance in the claim of the petitioner as well as University, yet the petitioner was not granted the benefit of the revised pay scale. He submits that the petitioner has filed representations (Annexure-9 Series) before the Registrar of the

Patna High Court CWJC No.9461 of 2017 dt.21-12-2017 2/2 University and till date the University has not taken final decision on the representations of the petitioner and as such the petitioner is deprived of the benefit to which he is entitled in terms of the pay fixation by the Pay Verification Cell of the Government of Bihar as well as the competent authority of the University.

In view of the peculiar facts and circumstance mentioned above, the writ application is disposed of with a direction to the Registrar of the University to take final decision, if not already taken, within a period of 60 days from the date of receipt/production of a copy of this order and if it is found that the petitioner was not granted the benefit of the revised pay scale as per his entitlement, particularly, after the pay fixation by the Verification Cell of the Government of Bihar, the monetary benefit arising out of such determination by the respondent Registrar of the University must reach the petitioner within the time indicated herein above. With the aforesaid, the writ application stands disposed of.

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