Sushil Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3749 of 2011 ====================================================== Janardhan Prasad Singh S/O Late Bidyanath Singh, Resident of Mohalla - Near B.P. School, P.S. - Begusarai, District - Begusarai, presently posted as clerk, Co-Operative College, Begusarai.

.... .... Petitioner

Versus

1. The State of Bihar.

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

3. The Vice Chancellor, L.N.Mithila University, Darbhanga.

4. The Registrar, L.N.Mithila University, Darbhanga.

5. The Finance Officer, L.N.Mithila University, Darbhanga.

6. The Principal, Co-Operative College Begusarai. .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.3753 of 2011 ====================================================== Sushil Prasad Singh, son of Late Raman Nand Singh, resident of MohallaEast Kapasya behind Alka Cinema,PO-Nagdah,PS-Begusarai,DistrictBegusarai, presently posted as clerk, Co-Operative College, Begusarai. .... .... Petitioner

Versus

1. The State of Bihar

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

3. The Vice Chancellor,L.N.Mithila University, Darbhanga.

4. The Registrar, L.N.Mithila University,Darbhanga.

5. The Finance Officer,L.N. Mithila University, Darbhanga.

6. The Principal Co-Operative College Begusarai. .... .... Respondents ====================================================== Appearance :

(In CWJC No.3749 of 2011) For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv. For the Respondent/s : Mr. AC to the Advocate General Mr. Ajay Bihari Sinha, Adv.

(In CWJC No.3753 of 2011) For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. AC to the Advocate General Mr. Santosh Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-11-2015 In both the writ petitions, similar relief has been sought

Patna High Court CWJC No.3749 of 2011 (6) dt.23-11-2015 2/3 for. Accordingly, both the writ petitions were heard together and are being disposed of by common order.

Heard learned counsel for the petitioner(s), learned AC to the Advocate General , Sri Ajay Bihari Sinha, learned counsel for the Respondent/L.N.Mithila University (in C.W.J.C.No.3749 of 2011) and Sri Santosh Kumar Jha, learned counsel for the Respondent/L.N.Mithila University ( in C.W.J.C.No.3753 of 2011).

The petitioners have prayed for quashing of letter no.6799/09 dated 11.04.2009 (Annexure-8/1 i.e. statement of provisional pay fixation of Non-Teaching Employees of Cooperative College, Begusarai). It has been claimed by learned counsel for the petitioners that without any rhyme and reason, the pay scale of the petitioners from Rs.4000-6000/- has been reduced to Rs.3050-4590/-.

Learned counsel for the petitioners by filing a supplementary affidavit has brought on record an order passed by a Co-ordinate Bench of this Court in C.W.J.C.No.16808 of 2009 and other connected writ petitions. He submits that similar issue was raised in the said writ petition and the said writ petition was disposed of with direction to the Vice-Chancellor of the University to examine the representation of the petitioners.

Patna High Court CWJC No.3749 of 2011 (6) dt.23-11-2015 3/3 In both the writ petitions, learned counsel for the petitioners submits that after issuance of Annexure-8/1 to the writ petition, petitioners filed representation before the ViceChancellor of the University, but till date no decision has been taken.

In view of facts and circumstances, with consent of the parties, both the writ petitions are disposed of in terms of order dated 15.05.2012 passed in C.W.J.C.No.16808 of 2009 and other connected writ petitions, so that representation of the petitioners may be disposed of in accordance with law. If the claim of the petitioners is considered as genuine, consequential order regarding payment may also be passed preferably within a period of three months from the date of receipt/production of a copy of this order. (Rakesh Kumar, J) NKS/- U