Dr.Ramapati Sinha v. Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13915 of 2011 ====================================================== Dr. Ramapati Sinha s/o Late Shyam Narayan Sinha resident of Uttrawa Niwas, Ashok Nagar, A.P. Colony, P.S.- Rampur, Town And Distt.- Gaya .... .... Petitioner/s

Versus

1. Magadh University Through Its Registrar, 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 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Mishra For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-07-2016 Heard Sri Dineshwar Mishra, learned counsel for the petitioner and Sri Bhaskar Shankar, learned counsel for all the respondents / Magadh University The petitioner, who is a part time Lecturer in the Post Graduate Department of Sociology under the Magadh University, Bodh Gaya has approached this court invoking its writ jurisdiction with a prayer to direct the respondents to pay admissible scale to the petitioner. It has been claimed that other two lecturers similarly situated have been granted the benefit of half pay scale.

Patna High Court CWJC No.13915 of 2011 (8) dt.20-07-2016 2/3 In this case counter affidavit has been filed on behalf of the respondent no. 1 to 4 and in paragraph no. 4 of the counter affidavit it has been indicated that remuneration of the petitioner has already been enhanced from Rs. 8000/- to Rs. 12000/- per month and this decision has been taken vide letter dated 25.2.2015. So far grievance of the petitioner on the point that similarly situated two part time Lecturer who are getting half salary of pay scale of Rs. 8000/- to Rs. 13500/- it has been indicated that case of the petitioner is under active consideration.

On the strength of the statement made in the counter affidavit learned counsel for the petitioner makes a prayer for disposal of the writ petition with direction to the respondents to take final decision in respect of the petitioner in view of the statement made in paragraph no. 6 of the counter affidavit without any delay. In view of the facts and circumstances particularly the stand taken by the Magadh University the Court proposes to dispose of the writ petition with a direction to the respondents to take final decision in view of the statement made in paragraph no. 6 of the counter affidavit in favour of the petitioner preferably within a period of three months from the date of receipt/ production of a copy of this order.

It goes without saying that if arrear amount has not

Patna High Court CWJC No.13915 of 2011 (8) dt.20-07-2016 3/3 been paid, the respondents may take steps for clearing the same. With the aforesaid observation, the writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U