Nityanand Sinha v. The State Of Bihar Through Principal Secretary Education Department,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10744 of 2021 ====================================================== 1.

Nityanand Sinha s/O - Late Ram Sagar Singh R/O Village - Harpur Belwa, P.S. - Mahua, District- Vaishali.

2.

Radha Shyam Pd. Singh S/O - Late Sri Hari Nandan Prasad Singh Resident of Mohalla - Panchwati Colony Manjhauliya, P.S. - Sadar, Muzaffarpur, District- Muzaffarpur.

3.

Shatrughna Prasad Singh S/O - Late Sri Krishna Dev Singh Resident of Mohalla - Kalambagh Chauk, P.S. - Kaji Muhammadpur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Vice Chancellor B.R.A. Bihar University, Muzaffarpur. 3.

The Finance Officer, B.R.A. Bihar University, Muzaffarpur. 4.

The Director, Higher Education, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Shankar Das, Adv.

For the State :

Mr. Prabhakar Jha (Gp27) For the University :

Mr. Mritunjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the University.

2. The present writ petition has been filed seeking the following reliefs:

"A. A writ in the nature of mandamus or any appropriate writ/s, order/s, direction/s commanding to the respondents for the following reliefs i. To direct the respondents to pay the revised pay scale on the basis of pay commission recommendation and after its calculation further to pay salary with arrears by fixing the

Patna High Court CWJC No.10744 of 2021(4) dt.26-09-2024 2/3 pension of the petitioner as last drawing salary. ii. To direct the respondents to release forthwith the pension of the petitioners by calculating recommendation of 6th pay commission and further to pay the arrears of salaries to the petitioners likewise after its calculation upon the basis of recommendation of 6th pay commission & after necessary correction fixed the pension to the petitioners.

B. Any other relief or reliefs as your lordships may deem fit and proper in the facts and circumstances of the case."

3. At the very outset, learned counsel for the petitioners submits that earlier the petitioners have filed a detailed representation dated 27.11.2019 to the Registrar of the University, but till date no order has been passed by the concerned authorities.

4. Considering the aforesaid facts, the petitioners are directed to file a fresh representation before the respondent no.2 (the Vice Chancellor B.R.A. Bihar University, Muzaffarpur) along with all supporting documents within a period of three weeks and the respondent no.2 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within ten weeks thereafter.

5. It is made clear that the respondent no.2 shall be held liable for non-compliance of this order within the stipulated

Patna High Court CWJC No.10744 of 2021(4) dt.26-09-2024 3/3 period.

6. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U