Md. Islam v. The Vice Chancellor Of Rajendra Agriculture University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23815 of 2012 ====================================================== Md. Islam Son Of Late Md. Razzaque R/O Pakki Talab, P.S. Biharsharif, District - Nalanda ... ... Petitioner/S

Versus

1. The Vice Chancellor Of Rajendra Agriculture University Pusa, Samastipur

2. The Registrar Rajendra Agriculture University, Pusa, Samastipur

3. The Finance Officer Rajendra Agriculture University Pusa , Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Majid Mahboob Khan, Advocate For the University :

Mr. Chandra Mohan Singh, Advocate For RACAU : Mr. Arvind Ujjawal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 14-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.

2. The grievance of the petitioner in the present writ petition is discrimination in the matter of fixation and grant of pay scale.

3. Learned counsel for the petitioner submits that the respondents have granted revised pay scale to similarly circumstanced others in the pay scale of Rs. 1400-2300 but in the case of the petitioner lower pay scale was provided.

4. In the matter of grant of pay scale, the respondents are required to examine their own record and to decide the entitlement on the basis of pay scale prescribed for the post and revised from time to time on the basis of pay revision Committee recommendation.

5. Since the petitioner has superannuated, the University is required to consider the case of the petitioner and if

Patna High Court CWJC No.23815 of 2012 dt.14-09-2018 2/2 any similarly circumstanced person holding the same position was granted different pay scale above the petitioner, the respondentUniversity has to take corrective measure and grant similar pay scale as granted to similarly circumstanced others. Necessary decision for grant of such pay scale must be taken by the respondents at the earliest preferably within a maximum period of four months from the date of receipt/production of a copy of this order.

6. In the event, the respondents finds the case of the petitioner for revision of the pay scale, necessary order may be passed in favour of the petitioner within the time frame indicated hereinabove. In case the case of the petitioner is distinguishable on facts from others, reasoned order may be passed rejecting the claim of the petitioner.

7. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.09.2018 Transmission Date