Dr. Binod Singh v. Magadh University Through Its Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5496 of 2019 ====================================================== Dr. Binod Singh S/o Ramashrya Singh Vill.-Sikaria, P.s.- Darigaon, Distt.- Rohtas ... ... Petitioner/s

Versus

1.

Magadh University through its Registrar and Ors Bodh Gaya 2.

The Vice Chancellor Magadh University, Bodh Gaya 3.

The Registrar Magadh University, Bodh Gaya 4.

The Finance Officer Magadh University, Bodh Gaya 5.

The Head of the Department of Sociology Magadh University, Bodh Gaya 6.

Patliputra University, Patna through the Vice Chancellor 7.

The Registrar Patliputra University, Patna 8.

The Finance Officer Patliputra University, Patna 9.

The Principal Kisan College, Sohsarai, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dineshwar Mishra, Advocate For the University :

Mr. Om Prakash Kumar, Advocate For the PPU :

Rana Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-03-2024 Heard learned counsel for the parties and learned counsel for the Magadh University.

2. The present writ application has been filed for the following reliefs :-

3. This is an application for issuance of appropriate writ(s), order(s) or direction commanding the Respondents for making payment of admissible pay scale of Rs. 8000/ - 13,500/- and other permissible benefits per month to the petitioner, who is a founder Lecturer in the Department of Sociology of the

Patna High Court CWJC No.5496 of 2019(13) dt.11-03-2024 2/3 Respondent No. 9 under the Magadh University at Bodh Gaya since 2003 (now under the Respondent No. 6) and other similarly situated persons like the petitioner are getting their pay package in view of the guidelines of U.G.C. and the same being duly approved and confirmed by the Hon'ble Chancellor vide letter dated 29.06.2005 and for further direction to pay the arrears thereof with statutory interest w.e.f. other similarly situated persons who are getting pay package in the light of the aforesaid guidelines and the petitioner is still getting a meager amount of Rs.

6000 per month and he has been left in lurch which has put him under acute pecuniary hardship and is on the verge of starvation and therefore the action of the Respondents is arbitrary, high handed and discriminatory in nature in case of the petitioner and they are adopting pick and choose policy which has seriously prejudiced the petitioner and has violated the fundamental Right of the petitioner conferred under Article 14, 16, and 21 of the Constitution of India.

4. Learned counsel for the petitioner submits that the petitioner case is fully covered by the judgment passed by this Court in C.W.J.C. No. 19176 of 2017.

5. The State has no objection.

6. Petitioner is directed to file a detailed

Patna High Court CWJC No.5496 of 2019(13) dt.11-03-2024 3/3 representation before the Registrar, Magadh University, and Registrar, Patliputra University, along with a copy of the order passed in the C.W.J.C. No. 19176 of 2017 within a period of two weeks.

7. Respondent no.3 and 7 are directed to dispose off the representation of the petitioner by passing a reasoned and speaking order in accordance with law, within a period of eight weeks from the date of filing of such representation by the petitioner and respondent no.3 and 7 is directed to personally hear the petitioner or their counsel.

8. The respondent no.3 and 7 are directed to ensure compliance of this order and if the representation of the petitioner is not considered within the stipulated period, the respondent no.3 and 7 shall be personally held responsible for non-complying the order of this Court.

9. With the aforesaid directions, this writ application is hereby disposed off.

(Anjani Kumar Sharan, J) Guddu/- U