Vidya Sagar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16267 of 2015 =========================================================== Vidya Sagar Prasad Singh, Son of Late Ramlakhan Singh, resident of village - Barahiya Madhuban, P.S. - Barahiya, District - Lakhisarai. .... .... Petitioner/s

Versus

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

2. The Director, Higher Education, Government of Bihar, Patna.

3. The Deputy Secretary, Department of Education, Government of Bihar, Patna.

4. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.

5. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur.

6. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur.

7. The Auditor, Tilka Manjhi Bhagalpur University, Bhagalpur.

8. The Principal, Ramadhin College, Sheikhpura. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Navin Kumar, Mr. Pramod Kumar and Mr. Vijay Kumar, Advocates For the University :

Mr. Anjani Kumar, Sr. Advocate Mr. Amit Kumar, Advocate For the State :

Mr. R. B. N. Singh, A.C. to G.A. 10 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-05-2018 Heard learned counsel for the petitioner; State and Mr. Anjani Kumar, learned senior counsel along with Mr. Amit Kumar Jha, learned counsel for the T.M. Bhagalpur University (hereinafter referred to as the 'University').

2. The petitioner has moved the Court for the following reliefs:

"That the petitioner above-named cravevs for indulgence of this Hon'ble Court by way of issuance of any appropriate order/orders, direction/directions or writ/writs commanding and directing the Respondents concerned to pay the petitioner pension on the basis of

Patna High Court CWJC No.16267 of 2015 dt.17-05-2018 2/3 revised pay-scale of Rs. 9300-34,800/- alongwith all its arrears of pension as also differences of salary and other consequential benefits, as the poor old peittioner, who has retired as Librarian from Ramadhin College, Sheikhpur, under T.M. Bhagalpur University on 31.07.2008 wihtout getting the benefits of revised payscale i.e. Rs. 2000-3800/- w.e.f. 01.01.1986, Rs. 650010,500/- w.e.f. 01.01.1996 and Rs. 9300-34,800/- w.e.f. 01.01.2006, but in a very unfortunate manner even the pension of the petitioner has been fixed in unrevised pay-scale of the petitioner, due to which this old infirm petitioner is at great financial loss. And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstance of the case."

3. After some arguments, learned counsel for the University submitted that these matters are purely factual with no law involved and, thus, the petitioner has to approach the authorities who are competent to decide the matter.

4. In view thereof, learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to him to file a detailed representation before the Registrar of the University raising his claim, along with supporting documents, to show that he is entitled to the relief claimed in the present writ application.

5. Accordingly, the writ petition stands disposed off with liberty aforesaid.

6. If such a representation is filed within three weeks from today, the Registrar of the University, after giving opportunity of hearing to the petitioner, if so desired by him, shall get the matter

Patna High Court CWJC No.16267 of 2015 dt.17-05-2018 3/3 looked into and pass a reasoned order, in accordance with law, within four weeks of filing of the representation. If it transpires that further payment is required to be made to the petitioner in terms of the order to be passed, the same shall also be paid to the petitioner within four weeks thereafter.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U