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2009 DIGILAW 1091 (PAT)

Sri Rama Kant Sharma v. State Of Bihar

2009-08-17

J.N.SINGH

body2009
JUDGEMENT 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ application has been filed by the petitioner for a direction to the respondents to implement the pay scale of the petitioner according to UGC recommendations adopted by the State Government vide letter dated 29th May, 1992 and Memo No. 454 of 1992. 3. Although counter affidavit has been filed in this case, but learned counsel for the petitioner submits that in terms of the resolution of the State Government, as contained in Annexure-3, and Memo dated 23.1.2006, petitioner will file representation before the respondent-Registrar of the University for payment of his consequential benefits. 4. Learned counsel for the University and the State have no objection to the same. 5. In the circumstances, this writ application is disposed of with the following directions: 1. Petitioner must file a detailed representation before the concerned respondent within one month from today alongwith a copy of this order. The representation must contain all the claims of the petitioner distinctly and in separate paragraphs and must accompany documents connected with his service history and other documents/ circulars/orders etc. on the basis of which petitioner asserts his right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioner in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 3. 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioner has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility, and (iii) all the relevant laws/ circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. 4. All consequential orders, in respect of the admitted claims, must also be issued alongwith the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioner within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/ circular/order for coming to that finding. It goes without saying that this Court has not gone into the claim of the petitioner on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law.