Bhagwat Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12999 of 2014 ======================================================

1. Bhagwat Roy S/o Late Mahindra Roy Retired as Electrician Fiter, G.D. College, Begusarai, District Begusarai, Permanent Resident of Village + P.S. Desari, District Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Vice Chancellor, L.N. Mithila University, Kameshwar Nagar, Darbhanga.

4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6. The Principal, G.D. College, Begusarai, District Begusarai. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. Arvind Kumar, AC to GA-9 For the University : Mrs Binita Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. Learned counsel appearing on behalf of the petitioner submits that the respondents have slashed down the pay scale of the petitioner from 3050-4590. The petitioner is entitled to pay scale of Rs. 5200-20200/-.

Learned counsel for the petitioner has filed interlocutory application placing on record subsequent developments that have taken place. The Apex Court in the case of

Patna High Court CWJC No.12999 of 2014 (2) dt.19-09-2018 2/2 State of Bihar Vs Sunny Prakash, after considering the agreement between federation of the employees of the university and the State Government held out that the respondents are under obligation to honour the agreement and in fact in terms of the direction of the Apex Court, in the case of State of Bihar & Ors Vs. Sunny Prakash reported in (2013) 3 SCC 559, the State Government has already issued direction to make payment in the pay scale of Rs. 4000-6000/- and benefit of ACP/MACP, was also made available to the university employees.

In view of the above, this writ petition is disposed of with a direction to the respondents to grant pay scale admissible to the petitioner after judgment of the Apex Court in the case of State of Bihar & Ors Vs. Sunny Prakash (supra) within a maximum period of four months from the date of receipt/production of a copy of this order.

With the aforesaid this writ petition is disposed of. (Anil Kumar Upadhyay, J) Amit/- U