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2018 DIGILAW 1009 (PAT)

RAMESH KUMAR v. B. N. MANDAL UNIVERSITY

2018-07-11

RAJENDRA MENON

body2018
JUDGMENT : Rajendra Menon, J. All these contempt applications have been filed pointing out that orders passed in the writ petition have not been complied with. 2. Matters are pending since 2015 and from the show Patna High Court MJC No. 1477 of 2015 dated 11-07-2018, 8/10 cause notices filed from time to time, the factual position that emerges as on date is that the date of initial absorption/appointment of the petitioners which was the subject matter of adjudication in the writ petition has been corrected and a notification has been issued by the Pay Verification Cell correcting the date of initial absorption/appointment of each of the petitioners herewith. However, in the leading case being C.W.J.C. No. 7636 of 2014 (Dr. Kedar Nath Pandey and others v. The Magadh University & Ors.) in paragraph 17 of the order the learned Writ Court has dealt with the issue in the following manner:- "Yet another serious infirmity found by the Court is that the decision contained in Annexure-8 series has been passed in gross violation of the principles of natural justice because the decision so taken by the Pay Verification Cell has serious civil consequences for these petitioners since they are going to not only loose out on the salary they have so earned but even the orders of promotion etc. which they have acquired over a period of time on the basis of the date of their initial absorption on their respective post and position gets altered." 3. From the aforesaid, it is clear that the learned Writ Court interfered with the matter keeping in view the fact that the decision of the Pay Verification Cell had serious civil consequence on the petitioners' service benefit which included loss of salary, loss of promotion and other service benefit. That being so, the spirit of the order passed by the Writ Court was to the effect that the date of initial absorption/appointment was to be corrected and in consequence of that correction, all monetary benefits accruing, including pay fixation, grant of arrears of pay etc. have to be granted. As on date, only the initial date of absorption/appointment has been corrected and I am informed that the pay in consequence thereof is being paid. have to be granted. As on date, only the initial date of absorption/appointment has been corrected and I am informed that the pay in consequence thereof is being paid. However, arrears and other benefit accruing out of the correction has not been paid and the University today points out that for the same the State has to release the grant in aid and then only the same can be paid. 4. If that be so, the University is directed to work out the monetary benefit payable to each of the petitioners within a period of one month from today, forward it to the State Government for release of the grant and the State Government is directed to release the grant for payment to each of the petitioners within two months and submit a report to this Court within three months with regard to payment of arrears to each of the petitioners. In case the report is not presented before the Registrar General of this Court within three months of the date of issuance of certified copy of this order, the Registrar General shall bring this fact to the notice of this Court and this Court would consider reviving the contempt applications and taking action not only against the State Government but also the officers of the University. In case the order/direction of this Court is not complied with, option shall be available to any of the applicants to make a complaint in this regard by filing an Interlocutory Application in these cases only on which the matter shall be placed for consideration before this Court. 5. With the aforesaid, all the contempt applications stand disposed of.