Shri Nagendra Kumar Jha v. Lalit Narayan Mithila University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12451 of 2015 ====================================================== Shri Nagendra Kumar Jha, son of Late Shahsi Kant Jha, resident of village - Tharhi, District - Madhubani (Bihar) at present working as Commandant in Central Industrial Security Force and posted as Commandant in CISF Unit, HWP, Manuguru, District - Khammam (Telangana). ... ... Petitioner/s

Versus

1. Lalit Narayan Mithila University, Darbhanga through its Registrar.

2. The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga.

3. The Registrar, Lalit Narayan Mithila University, Darbhanga.

4. The Principal, Samastipur College, Samastipur.

5. The State of Bihar, through the Principal Secretary, Higher Education, Old Secretariat, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Jha, Advocate Mr. Amlesh Kumar Verma, Advocate For the Respondent/s :

Mr. Ravi Verma, AC to GP-4 For the University Mr. Ajay Behari Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 04-12-2018 Heard learned counsel for the petitioner and the Respondents.

2. The instant writ application involves the issue of difference of arrears of salary.

3. Learned counsel for the petitioner submits that the petitioner has been paid the salary on the basis of unrevised pay scale and on implementation of the UGC pay scale in terms of pay revision, the benefit was admissible to all similarly circumstanced w.e.f. 01.01.1996 but the same was not granted to the petitioner, who subsequently joined the Central Industrial Security Force in the year 2000.

Patna High Court CWJC No.12451 of 2015 dt.04-12-2018 2/2

4. In view of the aforesaid, the University is directed to take appropriate decision with regard to payment of arrears of difference of salary on revision of 5th Pay Revision Commission, particularly, on the facts that the respondent State in the counter affidavit has taken the stand that the University has been provided adequate fund for meeting all the expenses for the revision of pay scale including for payment of arrears of salary. Necessary decision in this regard must be taken by the respondent University within a maximum period of two months from the date of receipt/production of a copy of this order. Within the aforesaid time, the University is obliged to pay all the arrears of salary.

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

(Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2018 Transmission Date