Dr. Abdul Salam Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22297 of 2018 ====================================================== Dr. Abdul Salam Ansari, S/o late Miyajan Ansari, resident of Mohalla- Nala Road, Jai Prakash Nagar, District- Khagaria, Presently working as Associate Professor Department of Urdu Koshi College, Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

The Principal Secretary, Education Department, Govt . of Bihar, Patna. 3.

The Director, Higher Education Govt. of Bihar, Patna. 4.

The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. 5.

The Register, T.M. Bhagalpur University, Bhagalpur. 6.

The Finance Officer, T.M. Bhagalpur University, Bhagalpur. 7.

The Vice Chancellor, Munger University, Munger. 8.

The Register, Munger University, Munger.

9.

The Finance Officer, Munger University , Munger. 10.

The Principal, Koshi College,Khagaria.

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr.Ashutosh Ranjan Pandey- Aag15 For the University : Mr. Rashid Izhar, Advocate Mr. Ravi Bhushan Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and the respondents.

The grievance of the petitioner in the present writ application is non-payment of difference of arrears of salary in the revised pay scale for the period 01.01.2006 to February, 2015.

Learned counsel for the petitioner submits that the petitioner was granted promotion to the post of Associate

Patna High Court CWJC No.22297 of 2018(2) dt.27-02-2020 2/2 Professor w.e.f. 07.11.2005, prior thereto he was entitled to grant of revised pay scale, but unfortunately the respondents have neither paid the revised pay scale w.e.f. 01.01.1996 to 07.11.2005 nor the revised pay scale of promotion post of Associate Professor.

Considering the aforesaid, the writ application is disposed of with a direction to the TMB University, as the entitlement pertains to the period prior to bifurcation of TMB University and creation of Munger University, to workout the entitlement of the petitioner for grant of difference of arrears of salary for the aforesaid period. If the benefit of revised pay scale was extended to similarly circumstanced other w.e.f. 01.01.1996, the same should be extended to this petitioner also. It goes without saying that the benefit of revised payment on promotional post is also admissible to the petitioner. The respondents have to calculate the entitlement and take appropriate decision for payment of the same at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) uday/- U