Satya Narayan Trivedi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16503 of 2012 ====================================================== Satya Narayan Trivedi Son Of Late Shiv Nandan Trivedi Resident Of Village - Rampur Dayal, P.S. Piyar, District - Muzaffarpur, The Retired Assistant Registrar Of Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna

3. The Secretary, Department Of Higher Education, Government Of Bihar, Patna

4. The Director, Higher Education, Government Of Bihar, Patna

5. The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur

6. The Registrar, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur

7. The Finance Officer, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh For the Respondent/s :

Mr. Subhash Pd. Singh, G.A.-3 Mr. Dilip Kumar, A.C. to G.A-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents. The petitioner retired on attaining the age of superannuation on 31.10.1999.

Learned counsel for the petitioner submits that petitioner was entitled to benefit of pay revision which was effected from 1.1.1996.

Learned counsel for the petitioner submits that petitioner was made to retire on the old scale and pension was

Patna High Court CWJC No.16503 of 2012(2) dt.13-09-2018 2/3 fixed treating the pay-scale of Rs. 5500-9000 instead of payscale of Assistant Registrar of Rs. 8,000-13,500. He further submitted that petitioner after superannuation when received less payment he filed representation before the Registrar, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur on 23.5.2012 but till date the representation has not been considered and disposed of.

This writ petition was filed on 05.09.2012 with two advance copies but unfortunately, even after six long years no counter affidavit has been filed.

Under the aforesaid circumstances, the writ petition is disposed of with direction to the respondents to take appropriate decision on the claim of the petitioner for grant of pay-scale which was admissible for Assistant Registrar till the date of retirement of the petitioner up to 31.10.1999. The respondents are also required to revise the post-retiral dues of the petitioner and fix the pension accordingly. If the petitioner was not granted revised pay-scale of the Assistant Registrar at the time when the petitioner was working as Assistant Registrar on grant of regular promotion vide Annexure-2, necessary decision on the claim of the petitioner of revised pay and pension must be taken by the

Patna High Court CWJC No.16503 of 2012(2) dt.13-09-2018 3/3 respondent University within a maximum period of four months from the date of receipt/production of a copy of this order. This order was passed under the compelling circumstances as the respondents have not filed any counter affidavit to assist the Court even after expiry of six years. Necessary decision and consequential benefit must reach the petitioner within the aforesaid period as indicated above.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U