Md. Ilyas Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24607 of 2013 ====================================================== Md. Ilyas Ahmad Son Of Late Ashique Ali Resident Of Village- Tamauni, Police Station- Kajraili, District- Bhagalpur ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Director Of Agriculture Bihar, Patna

2. The Bihar Agriculture University, Sabour, Bhagalpur Through Its Vice Chancellor

3. The Vice Chancellor, Bihar Agriculture University, Sabour, Bhagalpur

4. The Director Administration, Bihar Agriculture University, Sabour, Bhagalpur

5. The Dean-Cum-Principal, Bihar Agriculture University Sabour, Bhagalpur

6. The Chief Soil Survey Officer, Soil Survey & Land Use Planning Scheme, Bihar Agriculture College, Sabour, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the State :

Mr. Jitendra Kumar, AC to AAG-14 For the University :

Mr. Sri Ram Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 31-10-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the University.

2. The petitioner is aggrieved by discrimination adopted by the University in the matter of grant of pay scale to the petitioner.

3. Learned counsel appearing on behalf of the petitioner would submit that the juniors to the petitioner have been granted higher pay scale, whereas the petitioner has been granted lower pay scale and as such the respondent-University has practiced discrimination.

Patna High Court CWJC No.24607 of 2013 dt.31-10-2018 2/2

4. This writ petition was filed way back on 09.12.2013 but even after approximately 5 years the respondent-State or the University has not filed any counter affidavit.

5. Under the aforesaid circumstances, the Court is constrained to dispose of the writ petition with a direction to the University to take corrective measures and extend the benefit of pay scale at least similar to that of juniors who have been favoured with higher pay scale. Necessary corrective measures must be taken by the University within a maximum period of four months from the date of receipt/production of a copy of this order.

6. In the event the petitioner is found entitled to payment of consequential monetary benefits, the same must be paid to the petitioner within the time frame indicated hereinabove failing which the arrears will carry interest at the rate of 9% per annum which shall be borne by the officers of the University.

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

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.11.2018 Transmission Date