Guljar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1184 of 2017 =========================================================== Guljar Ram, S/o late Ram Briksha Ram, resident of Bhawanpur Chawk, P.S.-Sadar Thana Muzaffarpur, District-Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Higher Education, Department, Government of BIhar, Patna

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

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

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

6. The Finance Officer, the Baba saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Harendra Kumar Tiwary, Advocate For the Respondent/s : Mr. Kameshwar Kumar-GP17 Mr. S.K. Ranjan, AC to GP 17 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 02-05-2018 Heard learned counsel for the petitioner and State as well as University.

2. On behalf of the State the following stand has been taken in para 9 and 10 of the counter affidavit. Para 9 and 10 of the counter affidavit is quoted herein below for ready reference: "9 That the matter is related to correction of pay scale of Assistant registrar and the pay fixation of the salary in 6th revised pay scale which has to be decided by the respondents-University in accordance with law after verification of records.

"10 That by notification dated 27.08.2010 the

Patna High Court CWJC No.1184 of 2017 dt.02-05-2018 2/3 State Government has already sanctioned and notified in respect of 6th revised pay scale of non teaching employee and officers of the university.

3. Mr. Harendra Kumar Tiwary, learned counsel for the petitioner submits that the petitioner has filed the present writ application on account of indecisiveness of the respondent University. He submits that the University has considered the case of others, but due to failure on the part of the respondents, the petitioner was not paid salary. He submits that the petitioner has already filed several representations for final decision in the matter of pay anomaly.

4. Considering the aforesaid, the writ application is disposed of with a direction to the respondent Vice-Chancellor of the University to take final decision with regard to the entitlement of the petitioner for grant of revised pay scale considering the status of the petitioner and his entitlement in terms of the decision of the State Government as well as the University within a maximum period of 60 days from the date of receipt/production of a copy of this order.

5. It goes without saying that if the respondent University admits the claim of the petitioner for pay revision, the University is required to workout consequential relief within a further period of one month from the date of such decision, so that the same may reach the petitioner within the time frame indicated hereinabove.

Patna High Court CWJC No.1184 of 2017 dt.02-05-2018 3/3

6. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.05.2018 Transmission Date