Prabhash Kumar Chaurasia v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4765 of 2018 ======================================================

1. Prabhash Kumar Chaurasia, S/o Late Govind Lal Chaurasia, resident of Police Line, Rampur, Gaya, Town & District- Gaya. .... .... Petitioner/s

Versus

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

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

3. The Magadh University, through its Registrar, Magadh University Bodh Gaya.

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

5. The Registrar, Magadh University, Bodh Gaya.

6. The Finance Officer, Magadh University, Bodh Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Prasad For the M.U. : Mr. Arbind Nath Pandey For the State : Mr. P.R. Singh, J.C. to Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-03-2018 Heard the learned counsel for the petitioner, learned counsel for the University as well as learned counsel for the State. This writ petition has been filed for direction to the respondent authorities to make payment of differential amount of arrears of salary on account of revision of pay scale. Learned counsel for the petitioner has placed reliance on Annexure-2 series to substantiate that the issue raised in the case is no more res integra and respondents are required to consider the case of the petitioner for grant of the differential

Patna High Court CWJC No.4765 of 2018 (2) dt.20-03-2018 2/2 amount of arrears of salary on account of revision of pay scale without entering into litigating of the claim. The writ petition is disposed of with a direction to the respondent-University to examine the claim of the petitioner as in similar circumstances, others have been granted arrears of salary of revision of pay scale. Similar benefit should be extended to this petitioner on the ground of parity.

The respondents are required to consider the claim of the petitioner in the light of decisions of this Court rendered in several cases. The final decision on the claim of the petitioner shall be taken by the respondents within a period of sixty days after receipt of a copy of this order.

In the event, the respondents do not find the claim of the petitioner justified, they are required to assign reason for rejecting the same.

With the aforesaid observation, the writ petition is disposed of.

(Anil Kumar Upadhyay, J.) Rakhi U