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2004 DIGILAW 899 (PAT)

Vijayee Singh v. State Of Bihar

2004-09-03

NARAYAN ROY

body2004
Judgment Narayan Roy, J. 1. Heard counsel for the parties upon I.A. No. 4330 of 2004 filed by the petitioner as well as upon the main writ application. 2. By the interlocutory application aforesaid, prayer has been made for substitution of the heirs and legal representatives of the sole petitioner, who died during the pendency of this application. 3. Considering the facts and circumstances of the case, let the heirs and legal representatives of the deceased petitioner, as mentioned in paragraph 2 of the substitution application be substituted in place of the petitioner and the name of the deceased petitioner be deleted from the array of the petitioner of this writ application. 4. Grievance of the writ petitioner is that he is entitled for the pay scale of Rs. 4100-5300, as granted by the State Government to the members of the Bihar Health Services. 5. It appears that the deceased petitioner retired from the post of Chief Medical Officer, Patna University, and he was given the scale of the University Doctor in the scale of Rs. 3000-4500. 6. It is submitted by learned counsel for the petitioners that the deceased petitioner was at par with the members of the Bihar Health Services, and, therefore, he would be entitled for the pay scale of Rs. 4100-5300, which is admissible to the members of the Bihar Health Services. 7. From the materials on record, it appears that the deceased petitioner earlier had moved this Court for the same self grievance and his writ application was disposed of with a direction to the Vice Chancellor to consider his case. Pursuant to the direction of this Court, the Vice Chancellor, Patna University, considered the case of the petitioner and passed the order impugned holding that the petitioner is not entitled for the pay scale of Rs. 4100-5300 in the University, as higher scale is not permissible without prior sanction of the State Government, as required u/s. 35 of the Patna University Act. 8. There is nothing in the writ application to show that the scale of Rs. 4100-5300, as permissible to the members of the Bihar Health Services, has also been approved and sanctioned by the State Government for the University doctor. 9. 8. There is nothing in the writ application to show that the scale of Rs. 4100-5300, as permissible to the members of the Bihar Health Services, has also been approved and sanctioned by the State Government for the University doctor. 9. The writ petitioner in that view of the matter, in my opinion, would not be entitled for the scale meant for the members of the Bihar Health Services, as the deceased retired under the University, and admissible scale has already been given to him. 10. In case the petitioners would have any grievance, the matter can be agitated before the State Government by way of representation, but no relief can be granted to the petitioners in the present writ application in the given facts and circumstances of the case. 11. This application is, accordingly dismissed.