Rebti Kant Mishra And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20082 of 2010 ======================================================

1. Rebti Kant Mishra son of Late Ghuran Mishra, resident of Mohalla Senapat, P.S. Town Darbhanga, Distt. Darbhanga

2. Gundeo Jha son of Late Maya Nand Jha, resident of Mukti Mohalla, P.S. Town Darbhanga, Distt. Darbhanga

3. Ram Kumar Rai son of Late Babugi Rai, resident of mohalla Bhagwan Das, P.S. Town Darbhanga, Distt. Darbhanga

4. Gopal Thakur son of Late Sita Ram Thakur, resident of mohalla Ram Bag ( Dilkush Bag) P.S. Lnmuniversity Campus, Distt. Darbhanga

5. Bhubneshwar Mishra son of Late Khajendra Mishra, resident of mohalla Ram Bagh ( Dilkhus Bagh) P.S. L.N.M.University Campus Distt. Darbhanga

6. Ajit Kumar Jha son of Late Kamlesh Jha, resident of mohalla Chataria, P.S. Sadar, Distt. Darbhanga

7. Kanhaiya Ram son of Late Singheshwar Ram, resident of mohalla Balbhadra Pur ( West), P.S. Laheraisarai, Distt. Darbhanga

8. Kewal Devi wife of Late Ram Chandra Chaudhary, resident of mohalla C.M.Sc. College, P.S. Town Darbhanga Distt. Darbhanga

9. Sharda Singh wife of Late Vishwanath Singh, resident of New Prof. Colony Hanuman Ganj, P.S. Town Darbhanga,Distt. Darbhanga

10. Kapileshwar Mishra son of Late Kashi Nath Mishra, resident of Lalbagh, P.S. Town Darbhanga,Distt.Darbhanga

11. Jaya Nanda Jha son of Late Ram Roop Jha, resident of Shubhankarpur,P.S. Darbhanga Town, Distt. Darbhanga

12. Sudhakar Jha son of Late Shrikant Jha, resident of Shubhankarpur, P.S. Town Darbhanga,Distt. Darbhanga

13. Ram Lakhan Yadav son of Late Devi Yadav, resident of Bhigo, P.S. Laheria Sarai, Distt. Darbhanga

14. Ugra Nath Mishra son of Late Batuk Narayan Mishra, resident of Vidya Pati Nagar ( Khaja Sarai), P.S. Balbhadrapur, Distt. Darbhanga

15. Laxmi Kant Chaudhary son of Late Kula Nand Chaudhary, resident of Bhigo ,P.S. Laheriasarai, Distt. Darbhanga .... .... Petitioner/s

Versus

1. The State Of Bihar through the Secretary Human Resources Department Govt. Of Bihar, Patna

2. The Vice Chancellor, Lalit Narain Mithila University Kameshwar Nagar, Darbhanga

3. The Registrar, L.N. Mithila Unversity, Darbhanga

4. The Finance Officer, L.N. Mithila University, Darbhanga

5. The Principal S.M.Science College, Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Petitioners : Mr. Arun Kumar Bhagat, Advocate For the State : Mr. Sushant Praveen, AC to GA-7 For L.N.M.U. : Md. Nadeem Seraj, Advocate ======================================================

Patna High Court CWJC No.20082 of 2010 (7) dt.03-08-2017 2/3 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2017 In the present writ application, the petitioners have sought for the following reliefs :

(a) For issuance of a writ in the nature of Certiorari for quashing the letter no.6868/2009 dated 11.4.2009 issued by the Registrar of Lalit Narayan Mithila University Darbhanga by which the pay scale of the petitioners have been reduced from Rs.4000-6000/- per month to 3050-4590.

(b) For issuance of a writ in the nature of mandamus commanding the respondent to pay the salary of the petitioners in the light of decision taken by the pay Fixation committee of L.N. Mithila University held on 30.4.2006.

It has been submitted on behalf of the counsel for the University that a decision has already been taken in respect to the grievance raised by the petitioners. Said fact has been stated in para 5 and 6 to the counter affidavit filed on behalf of the Respondent No.3, i.e. The Registrar, L.N. Mithila University, Darbhanga, which is as follows :

"5. That it is further submitted that pursuant to the order aforesaid, the petitioners will be paid their regular salary in unrevised pay scale i.e. 4000-6000/- till the final disposal of the writ

Patna High Court CWJC No.20082 of 2010 (7) dt.03-08-2017 3/3 application as per direction of the State Government contained in Clause-2 of the letter no.15/G-I-03/11H.E-2614 dated 27.10.2011.

6. That however, the present status of the case is that in the light of direction of the Government issued under memo no.15/M1-52/2014/1213 dated 27.06.2014 all the 14 petitioners of the instant case have been accorded the pay scale of 4000-6000/- w.e.f. 01.01.1996 duly approved by the Vice-Chancellor in August, 2016 and payments are being made accordingly w.e.f.

October, 2016 onwards."

Considering the counter affidavit filed on behalf of the University, no substantive relief remains to be granted to the petitioners as their grievance has already been redressed. In the light of the said counter affidavit, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U