Narbdeshwar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9925 of 2011 =========================================================== Narbdeshwar Prasad Singh, S/o Late Nagdeo Singh, R/o Muhalla Harijee Ke Hata within Town of Ara, District Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Human Resource Development, Govt. of Bihar, Vikash Bhawan, Patna

3. The Veer Kunwar Singh University through Registrar, Ara, Bhojpur

4. The Vice Chancellor, Veer Kunwar Singh University, Ara

5. The Registrar, Veer Kunwar Singh University, Ara

6. Principal, Maharaja Law College, Ara .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Prasad, Sr. Advocate Mr. Kamala Kant Tiwary, Advocate For the Respondent/s : Mr. Ravindra Kr. Choubey, SC-8 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 19-06-2018 Heard learned counsel for the petitioner and State. Mr. Uma Shankar Prasad, learned senior counsel appearing on behalf of the petitioner submits that the petitioner is entitled to the revised pay scale of Rs. 8,000/- per month, as the same pay was made inadmissible to all time lecturers in the whole State. He submits that in Veer Kunwar Singh University also other part time teachers have been paid pay of Rs. 8,000/- per month w.e.f. 01.01.1996, but the same was denied to the petitioner on the ground that the petitioner was superannuated in 2004 and this benefit of revised pay scale vide Annexure-A was admitted in the University w.e.f. 20.01.2005.

Learned counsel appearing on behalf of the University very fairly submits that in the University no one has been

Patna High Court CWJC No.9925 of 2011 dt.19-06-2018 2/2 paid the pay scale and if others have been paid the Pay of Rs. 8,000/- per month, as part time lecturer w.e.f. 01.01.1996, the University will examine the matter and extend the same treatment to this petitioner, otherwise the University will take corrective measures and pass appropriate order after hearing the person likely to be adversely affected, if the same is not admissible.

In view of the above, the writ petition is disposed of with a direction to the Registrar, Veer Kunwar Singh University to examine the claim of the petitioner and if it is found that other part time lecturers have been paid the scale of Rs. 8,000/- per month w.e.f. 01.01.1996, the same benefit should be extended to this petitioner upto the date of superannuation in 2004. In case, it is found that others have been wrongly granted such benefit, the University may take corrective measures for the same. The entire exercise in this regard must be taken by the University within a maximum period of three months from today.

Notwithstanding Annexure-6, the University will take final decision with regard to the claim of the petitioner. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2018 Transmission Date