Dr. Tarun Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2901 of 2016 ======================================================
1. Dr. Tarun Kumar, Professor, Department of Hindi, Patna College, Patna.
2. Dr. (Mrs.) Kumari Vibha, Associate Professor, Department of Hindi, Patna College, Patna.
3. Dr. Shailendra Kumar, Associate Professor, Department of Political Science, Patna College, Patna.
4. Dr. Virendra Kumar Das, Assistant Professor, Department of Economics, Patna College, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Department of Higher Education, Government of Bihar, Patna through its Secretary.
2. The Director, Higher Education, Department of Education, Government of Bihar, Patna.
3. Patna University, Patna through its Vice-Chancellor.
4. The Registrar, Patna University, Patna.
5. The Vice Chancellor, Patna University, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Respondent/s :
Mr. Pushpanjali Sharma, AC to SC-20 For the University : Mrs. Nividita Nirvikar, Advocat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the Patna University.
Petitioners have prayed for payment of arrears of difference of salary on account of sixth pay revision with effect from January, 2006 to March, 2010. The pay revision was made effective from January, 2006 and certain teaching and nonteaching employees have been granted the benefit of payrevision but the petitioners have been discriminated. The payrevision is not meant for selective people but it meant for the
Patna High Court CWJC No.2901 of 2016(2) dt.02-02-2018 2/3 entire employees of the University.
The State Government is allocating fund for payment of arrears of difference of salary but it appears that the University is not making payment to all its employees and in the matter of payment of arrears of difference of salary on account of pay revision, they are adopting pick and choose and discriminated the petitioners as appears from the pleading.
In view of the facts and circumstances stated above, there is no point to keep the matter pending and as such the writ petition is disposed of with direction to the University to ensure payment of arrears of difference of salary on account of sixth pay-revision and the petitioners may be granted the benefit of pay-revision in the matter of arrears of difference of salary from January 2006 to March, 2010 if such benefit of pay-revision has been extended to similarly circumstanced others by the respondent University, the University is directed to examine the claim of the petitioners and ensure payment of arrears of difference of salary on account of sixth pay-revision within a maximum period of three months from the date of receipt/production of a copy of this order.
It goes without saying that for payment of arrears of difference of salary, the State Government has already allocated
Patna High Court CWJC No.2901 of 2016(2) dt.02-02-2018 3/3 the fund and if necessary, the University may request the State Government for release of additional fund and State Government will see that proper fund is allocated for payment of arrears of difference of salary of teachers on account of sixth pay-revision including petitioners within a period of two months from the date of such request made by the University. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U