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Patna High CourtCWJC/1107/2010disposed

Dr.Manoranjan Kr.Singh v. The State Of Bihar And ORS

2018-08-13Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1107 of 2010 ====================================================== Dr. Manoranjan Kr.Singh S/O Late Lalan Pd. Singh R/O Mohallah- Magadh Colony, Road No. 2, P.S.- Medical College, Gaya, Distt.- Gaya, Presently Posted As Reader Deptt. Of Mathematics, Magadh University, Bodh Gaya ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

2. The Principal Secretary Higher Education Govt. Of Bihar Patna

3. The Vice-Chancellor Veer Kunwar Singh University Ara

4. The Registrar, Veer Kunwar Singh University, Ara

5. The Finance Officer, Veer Kunwar Singh University, Ara

6. The Principal, Gram Bharti College, Ramgarh, Distt.- Bhabhua

7. The Vice-Chancellor, Magadh University, Bodh Gaya, Distt.- Gaya

8. The Registrar, Magadh University Bodh Gaya, Distt.- Gaya

9. The Finance Officer, Magadh University Gaya, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Prasad, Advocate For the Respondent/s :

Mr. Shivendra Kishore, Sr. Advocate Mr. Syed Firoz Raza, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 13-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the University.

2. The grievance of the petitioner is denial of salary admissible to the post the petitioner was holding on grant of promotion under merit promotion scheme.

3. This writ petition was filed on 21.01.2010. At that point of time the petitioner was granted promotion as Reader under merit promotion scheme but denied salary admissible to the Reader promoted under merit promotion scheme. In para-17 there is specific averments that the petitioner was promoted under merit

Patna High Court CWJC No.1107 of 2010 dt.13-08-2018 2/3 promotion scheme on 1.2.1996. In para 18 there is reference to unpaid differential amount which is quoted below:- "18. That the petitioner states that the respondent Veer Kunwar Singh University, Ara have not paid the following arrears of salary to the petitioner. (i) Differential amount of arrears of salary not paid from 19.3.1986 to 31.12.95 in the pay scale of Rs. 2200-4000 (ii) Differential amount of arrears of salary not paid in the pay scale of Rs. 8000-13500 from 01.01.1996 to Feb. 2006.

(iii) Respondent V.K.S. University, Ara has not paid salary of promotional post as Reader in the pay scale of Rs. 12000-18300 from 01.02.1996 to 17.06.2009 to the petitioner.

(iv) Respondent M.U. Bodh Gaya has not paid salary in pay scale of Rs. 12000-18300 from 18.06.2009 to till date to the petitioner."

4. Since there is no counter affidavit despite eight long years, the writ petition is disposed of with a direction to the respondents to verify their record and if it is found that the petitioner was granted merit promotion as Reader with effect from 1.1.1996, the University is obliged to work out the entitlement of the petitioner for payment of salary under the appropriate scale

Patna High Court CWJC No.1107 of 2010 dt.13-08-2018 3/3 considering the merit promotion granted to the petitioner and ensure payment of differential amount within a maximum period of four months from the date of receipt/production of a copy of this order.

5. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.08.2018 Transmission Date