Satyanarayan Ray And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19877 of 2013 ====================================================== 1.

Satyanarayan Ray S/O Late Suraj Ray Resident Of Village/ MohallaBhatiyari Sarai, P.S- Laheria Sarai, District- Darbhanga. 2.

Pawan Kumar Mishra S/O Gopi Kant Mishra Resident Of Village- Ladaro, P.S- Kewti, District- Darbhanga.

3.

Kanhai Mishra S/O Late Hari Kant Mishra Resident Of Village- Haripur, P.S- Sadar, District- Darbhanga.

4.

Kanhaiya Mishra S/O Late Balakant Mishra Resident Of Village- Pindoruch, P.S- Kamtaul, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary Higher Education, Government of Bihar, Patna.

2.

The Vice Chancellor of K.S. D.S University, Darbhanga. 3.

The Registrar, K.S.D.S. University, Darbhanga. 4.

The Finance Officer, K.S.D.S University, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Bhagat, Advocate For the Respondent/s :

Mr. Sita Ram Yadav, G.P.16 Mr. Yatindra Narayan, A.C. to G.P.16 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-11-2023

1. Heard learned counsel for the petitioners and learned counsel for the State. No one appears on behalf of the University.

2. The petitioners have filed the instant writ application for directing the respondents to pay salary to the petitioners on the basis of Sixth Pay Revision Scale which was implemented by the State Government from 1.1.2006 and for other reliefs.

Patna High Court CWJC No.19877 of 2013(6) dt.02-11-2023 2/3

3. A counter affidavit has been filed on behalf of the University (Oath dated 19.2.2014), relevant portion of which is reproduced herein below for ready reference:

"4. That it is stated that the state govt.

has not allowed the VIth pay revision to the teaching and non- teaching staffs of Up-Shastri Colleges of the aforesaid University.

5. That it is further stated that unless and until the VIth revised pay scale is allowed by the State, it is not possible for the University to pay the said pay scale. The University in support of the aforesaid contention relying upon the letter of the State government contained in letter no 15/G07/07 part 52 dt. 31.10.2012 in which para 19 clearly specify that the Vith pay revision of the teaching and non-teaching staffs of Up-Shastri Colleges of the said University is not allowed by the state govt.

6. That a consequential letter to this effect was issued by the University to the Principal of the aforesaid college vide a letter contained in memo no 4992- 4993/13 dt. 23.09.2013.

7. That it is therefore submitted that the grievance of the petitioner cannot be redressed at the level of the University."

4. In view of the statement made by the respondentUniversity in their counter affidavit as quoted herein above which has not been replied to by the petitioners, the Court finds

Patna High Court CWJC No.19877 of 2013(6) dt.02-11-2023 3/3 no merit in the instant application.

5. However, it is clarified that in case if subsequent to the filing of the said counter affidavit, the persons similarly situated as the petitioners have been granted salary in the Sixth Pay Revision by the State Government, the petitioners will be at liberty to file appropriate representation before the respondentsauthorities which will be dealt with in accordance with law.

6. The application stands disposed of.

(Partha Sarthy, J) Saurabh/- U