Prof.Sheo Nandan Singh v. Bihar Agriculture University And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5961 of 2012 ====================================================== Prof. Sheo Nandan Singh S/O Late Mahavir Singh, R/O Village- Gospur, Police Station- Warisaliganj, District- Nawada, Presently Posted As Junior Scientist-Cum-Assistant Professor, Bihar Agriculture College, Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

Bihar Agriculture University Sabour, District - Bhagalpur. 2.

The Vice Chancellor, B.A. University, Sabour, District- Bhagalpur 3.

The Registrar, B.A.U. Sabour, District- Bhagalpur 4.

Director, Administration, B.A.U. Sabour, District- Bhagalpur 5.

Regional Director Agriculture Research Institute Lohiya Nagar, Police Station- Kankarbagh, Patna-20 6.

The Comptroller, B.A.U. Sabour, Bhagalpur 7.

Principal, B.A.C. Sabour, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Prasad Singh, Advocate For the Respondent/s :

Mr. Sriram Krishna, Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Amarjeet, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-04-2024 Heard Mr. Devendra Prasad Singh, the learned counsel for the petitioner and Mr. Sriram Krishna, the learned counsel appearing on behalf of the Bihar Agriculture University Sabour.

2.

The present writ petition has been filed for directing the respondents to pay the arrear of salary of UGC scale, that is revised with effect from 01.01.2006 to July, 2009, amounting to Rs. 4,66,806/- (Rupees Four lakhs sixty-six thousand eight hundred and six).

Patna High Court CWJC No.5961 of 2012(6) dt.08-04-2024 2/3 3.

Learned counsel for the petitioner submits that the petitioner was appointed initially on the post of Assistant Professor in the year 1982 and he was posted at BAC, Sabour under the university and on 14.05.2023, he was transferred to PRC, Mokama from BAC, Sabour vide University notification order no. 319 dated 14.05.2003. Learned counsel for the petitioner submits that later the petitioner was transferred to Agriculture Research Institute, Patna in the year 2009 from PRC, Mokama. He further submits that the UGC has revised the pay scale of the employee of the Universities as per 6th Pay Revision with effect from 01.01.2006 and accordingly the University has issued the necessary order and the concerned authority has calculated the revised pay scale of the petitioner and sent to the competent authority vide Annexure No.

2 of the writ petition. The counter-affidavit filed on behalf of the University stating therein that the petitioner has been dismissed from service with effect from 31.03.2012. The case of the petitioner is not considered for grant of revised UGC pay scale. It appears from the record that the University has not annexed any letter which suggests that the petitioner has been removed from service from 31.03.

Patna High Court CWJC No.5961 of 2012(6) dt.08-04-2024 3/3 the arrear of UGC revised pay scale from 01.01.2006 to July, 2009.

4.

In view of the aforesaid, the writ petition is disposed of with a direction to the respondent no. 3 to pay the arrear of UGC pay scale to the petitioner, which is due with effect from 01.01.2006 to July, 2009, within a period of eight weeks from the date of production of copy of this order, and if the University has not paid the aforesaid amount to the petitioner within the aforesaid period, the University shall pay 9% per annum to the interest on the dues amount. 5.

Accordingly, the writ petition stands disposed of. (Rajesh Kumar Verma, J) Shahnawaz/- U T