Ganour Paswan And ORS v. Vice Chancellor Lalit Narayan Mithila University Kameshwar Nagar Darbhanga And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12710 of 2014 ======================================================

1. Ganour Paswan Son of Late Sundar Paswan resident of VillageSahora, P.S. Ashok Paper Mill, District- Darbhanga.

2. Kewal Kant Jha Son of Sri Bhaglu Jha resident of VillageBariole, P.S Ashok Paper Mill, District- Darbhanga.

3. Deo Kumar Mishra Son of Sri Ramawtar Mishra resident of Village- Somepatti, P.S. Pator, district- Darbhanga.

4. Lutan Jha son of Late S.C.Jha resident of Subhankarpur, P.S. Nagar, District- Darbhanga.

5. Sushil Jha Son of Sri Ravindra Jha resident of Village- Sahora, P.S. Ashok Paper Mill, District- Darbhanga.

6. Amar Nath Chaudhary Son of H.C. Choudhary resident of Village Hawi Bhuwar, P.S. Bahera, District- Darbhanga.

7. Ramashray Bhagat Son of Late Ramavtar Bhagat resident of Village- Sahora, P.S. Ashok Paper Mill, District- Darbhanga.

8. Brajnandan Chaudhary Son of Late Nandan Chaudhary resident of Village- Sahora, P.S. Ashok Paper Mill, District- Darbhanga.

9. Sita Ram Chaudhary son of Late Babuji Chaudhary resident of Majholia, P.S. Ashok Paper Mill, District- Darbhanga.

10. Shajda Begum wife of Late Gulam Jilani resident of VillageBariole, P.S Ashok Paper Mill, District- Darbhanga. 11.Gajendra Jha son of Sri Chandra Shekhar Jha resident of Village Horalpatti, P. S. Ashok Paper Mill, District- Darbhanga.

12. Baidyanath Jha Son of Late Nathuni Jha Resident of VillageBenipur, P.S. Bahera, District- Darbhanga. ... ... Petitioner/s

Versus

1. Vice Chancellor Lalit Narayan Mithila University Kameshwar Nagar Darbhanga.

2. Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

3. Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4. Financial Adviser, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. Principal, M.L.S.M. College, Darbhanga.

6. Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

7. Director, Higher Education, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra,Advocate For the Respondent/s :

Mr. Chandra Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 21-06-2018

Patna High Court CWJC No.12710 of 2014 dt.21-06-2018 2/3 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the University. Mr. Binodanand Mishra, learned counsel appearing on behalf of the petitioners placed reliance on a decision of a Coordinate Bench of this Court dated 31.7.2013 passed in MJC No. 1732 of 2012 to contend that in similar fact situation this Court has issued direction for payment of revised pay scale in view of the policy decision of the State Government. The relevant part of the order dated 31.7.2013 reads as follows:- "A second supplementary show cause has also been filed on behalf of the University, as directed, in which it has been explained that no payment was to be made for the revised pay scale for the period from 1.1.1986 to 28.2.1989 in view of the policy of the State Government in that regard, wich is the reason why payments have not been made to the petitioners from November, 1986 to February, 1989.

In the aforesaid view of the matter, it appears that the order under contempt has been fully complied." In view of the stand taken by the respondents, which was noted by the Co-ordinate Bench in the order dated 31.7.2013, the present writ petition is also disposed of with the direction to the respondents to take uniform stand with regard to similarly circumstanced other persons and pass reasoned order within a

Patna High Court CWJC No.12710 of 2014 dt.21-06-2018 3/3 period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2018 Transmission Date