Shaukat Hussain Bazmi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.952 of 2016 ====================================================== Shaukat Hussain Bazmi son of Late Md. Shanisuzzaha, resident of MohallaBalbhaderpur, P.S.- Laheriyasarai, Dist- Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Higher Secondary, Patna, Bihar.

2. Vice- Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga. null null

3. Registrar, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga. null null

4. Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. Principal Millat College, Darbhanga.

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

For the Petitioner/s :

Mr. Rajendra Nath Sinha For the LNMU :

Smt. Binita Singh Mr. Sudhanshu Trivedi For the State :

Anuj Kumar, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-03-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents.

Petitioner has approached this court for a direction to the respondents to pay difference of salary on account of grant of UGC pay-scale.

On behalf of the respondent nos. 2 to 4, a counter affidavit has been filed by the Registrar LMN University. In para-10 of the counter affidavit, the respondents have admitted the fact that difference of salary on account of revision of payscale was granted to the college teachers. S far as the claim of

Patna High Court CWJC No.952 of 2016(5) dt.12-03-2018 2/3 the petitioner is concerned, it is being examined by the answering respondents and if found payable, it will be paid at the earliest.

Para-10 of the counter affidavit reads as follows:-

10. "That with respect to the grievance of the petitioner with respect to the difference in salary because of the revision of pay scale of the University college teachers revised in U.G.C. some of the payments have been made to the teachers from time to time however with respect to petitioner the same is being examined by the answering respondents and if found payable will be paid at the earliest after exercising the formalities".

In view of the stand taken by the respondents 2 to 4 in the counter affidavit particularly in para-10, the writ petition is disposed of with direction to the respondents University to take final decision after verification of the record within a period of sixty days from the date of receipt/production of a copy of this order.

It is made clear that once the respondents admit admissibility of the claim of the petitioner for payment of such arrears of difference of salary on account of UGC pay revision, necessary consequential order may be passed by the respondents within a maximum period of one month from the date of such decision so that the petitioner may receive all his lawful dues at the earliest.

Patna High Court CWJC No.952 of 2016(5) dt.12-03-2018 3/3 The court hope and trust that the respondent will ensure payment of the lawful dues to the petitioner within the time frame indicated hereinabove, otherwise respondent ViceChancellor is required to fix accountability on the erring officers for delay and in case of delayed payment, the respondents are required to pay interest @ 9 per cent per annum from the date of accrual to the date of actual payment and the interest component shall be realized from the erring officers.

With the aforesaid, the writ application sands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U