Rabindra Chandra Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18383 of 2014 ====================================================== Rabindra Chandra Choudhary Son of Late Krishna Chandra Choudhary Resident of Village - Kharhara, P.S. - Barahat, District - Banka. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education, Government of Bihar, Patna.

2. The Principal Secretary, Dpartment of Education Government of Bihar,New Secretariat, Patna.

3. Director, Higher Education, Government of Bihar, New Secretariat, Patna.

4. The T.M. Bhagalpur University, Bhagalpur through its Registrar.

5. The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur.

6. The Registrar, T.M. Bhagalpur University, Bhagalpur.

7. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.

8. The Auditor of Government of Bihar deputed in T.M. Bhagalpur University, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Chandra Jha, Advocate For the State :

Mr. Umesh Kumar Roy, AC to GP-11 For the University :

Mr. Ashhar Mustafa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 27-08-2018 Despite the order dated 18.08.2018 no counter affidavit has been filed on behalf of the University.

In the aforesaid circumstances, the writ petition is disposed of with a direction to the University to examine the case of the petitioner on the line they have examined the case and granted benefit to a similarly circumstanced person, namely, Sanjay Kumar Sinha. If the facts of the case of the petitioner is similar to that of said Sanjay Kumar Sinha, who was appointed along with the petitioner and was granted revised pay scale, the University cannot adopt two different yardsticks one for said

Patna High Court CWJC No.18383 of 2014 dt.27-08-2018 2/2 Sanjay Kumar Sinha and another for the petitioner. The University has to strictly follow the same standard in the matter of revision of pay scale of the petitioner and extend the same treatment to this petitioner like said Sanjay Kumar Sinha. Entire exercise in this regard must be completed by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order.

Learned counsel for the petitioner referring to Annexure14 submits that as per the UGC norms, the criteria for grant of such pay scale is not applicable to the persons already appointed. While taking decision on the claim of the petitioner, the University is required to consider this aspect of the matter. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.08.2018 Transmission Date