← Library
Patna High CourtCWJC/2009/2013disposed

Dr. Karuna Ojha v. The State Of Bihar And ORS

2015-10-06Mr. Justice Samarendra Pratap Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2009 of 2013 ====================================================== Dr. Karuna Ojha, wife of Late Shri Baleshwar Ojha, resident of Village - Khabra, P.S.-Sadar, Distt-Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Department of Human Resources Development, Bihar, New Secretariat, Bihar, Patna

2. The Principal Secretary, Department of Human Resources Development, Bihar, New Secretariat, Bihar, Patna

3. The Director, Higher Education, Bihar, Patna

4. The Deputy Director, Higher Education, Bihar, Patna

5. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, through its Registrar

6. The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur

7. The Registrar, Babasaheb Bhim Rao Ambedkar Bihar University, Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Respondent/s : Mr. Subhash Pd. Singh Ga7 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner, State as well as University.

The petitioner was appointed as Lady Doctor in the University vide Memo dated 08.03.1978 of the Registrar of the University.

The petitioner seeks direction for payment of differential amount of salary from 01.04.1997 to 31.03.2007 in the revised scale pursuant to 5th Pay Revision Committee Recommendation.

Patna High Court CWJC No.2009 of 2013 (5) dt.06-10-2015 2 / 3 The petitioner submits that she was earlier getting the revised scale of Rs. 2400-4150/- w.e.f. 01.01.1986. The grievance of the petitioner is that she is not getting the correct revised scale pursuant to recommendation of 5th Pay Revision Committee Recommendation. The petitioner submits that replacement scale of Rs. 2400-4150/- is Rs. 10,000-32515,200/- w.e.f. 01.01.1996. In support of her submission, the petitioner has referred to details of the pay scales of different officers serving in the University.

Both State and University have filed their counter affidavits. The University in para 5 of the counter affidavit stated that admissible pay scale of Medical Officer under 5th Pay Revision Committee Recommendation is Rs. 6500-10500/- w.e.f. 01.01.1996, which has been paid to the petitioner. Furthermore, the admissible pay scale of Medical Officer under the 6th Pay Revision Committee Recommendation w.e.f. 01.01.2006 is fixed at Rs. 9300-34,800/- AGP of Rs. 4200/-, which is being paid to the petitioner. It has been further stated that the petitioner is serving as a Lady Doctor and not a Senior Medical Officer. Counsel for the petitioner submits that in fact from 01.01.2006, the petitioner has been put in the revised scale of Rs.15600-39100/-.

Patna High Court CWJC No.2009 of 2013 (5) dt.06-10-2015 3 / 3 In my view, if the petitioner files a representation before respondent no.3 with respect to appropriate pay scale between 01.04.1997 to 31.03.2007, the same would be disposed of within a period of three months from the date of receipt/ production of a copy of this order after giving a personal hearing to the petitioner.

This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U