Zakir Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1862 of 2018 ====================================================== Zakir Hussain, S/o Late Manzoor Hussain, East of Imambara, Nauzar, Katra, Diwan Mohalla, Patna City, Patna- 800008.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Bihar Govt. Patna.

2. The Vice-Chancellor Patna University.

3. The Pro-Vice Chancellor Cum Chairman, Grievance Cell, Patna University.

4. The Registrar Patna University.

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

For the Petitioner/s :

Mr. Neelam Kumari, Advocate For the Respondent/s :

Mr.Madhukar Mishra, AC to SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 16-03-2018 Heard learned counsel for the petitioner and State.

2. The grievance of the petitioner in the present writ petition is non-consideration of the case of the petitioner for grant of Grade Pay of Rs. 2400/-.

3. Learned counsel for the petitioner submits that similarly circumstanced others have been granted the grade pay of Rs. 2400/- but in the case of the petitioner the respondents have adopted different yardstick and he has been discriminated. The petitioner is being paid Grade Pay of Rs. 1900/- instead of Rs. 2400/-. He submits that the petitioner has approached the authorities for redressal of his grievance vide Annexure-2 but neither the grievance of the petitioner has been redressed nor the representation, Annexure-2 has been decided by the respondents.

Patna High Court CWJC No.1862 of 2018 dt.16-03-2018 2/2

4. In the aforesaid facts and circumstances, the writ petition is disposed of with a direction to the University to examine the claim of the petitioner and if similarly circumstances others have been granted the Grade Pay of Rs. 2400/-, the same benefit should also be extended to the petitioner.

5. In the event the respondents find that the claim of the petitioner is unsustainable for grant of Grade Pay of Rs. 2400/-, the respondent-authorities may pass reasoned speaking order if they find that the claim of the petitioner is not sustainable.

6. The entire exercise must be completed by the respondents within sixty days from the date of receipt/production of a copy of this order.

7. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner for grant of Grade Pay. It is for the respondents to examine the relevant record and on verification of the record, they are supposed to take final decision within the period as indicated hereinabove.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.3.2018 Transmission Date