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2018 DIGILAW 1388 (JHR)

Mahendra Nath Tiwari v. State Of Jharkhand

2018-07-02

S.N.PATHAK

body2018
JUDGMENT S.N.Pathak, J. - Heard learned counsel for the parties. 2. Instant writ petition has been filed for issuance of direction upon the respondents for fixation of University Grant Commission (UGC) Pay-Scale w.e.f. 01.01.1996 and 01.01.2006 under the pay-scale of Rs. 14940-18300, taking into account the fact that the pay-scale of the petitioner had already been fixed at Rs. 12,420/- on 01.01.1996 by the B.R. Ambedkar Bihar University Muzaffarpur. Further prayer has also been made that after fixation of the aforesaid pay-scale, the arrear amount with interest may also be released to the petitioner. 3. The case of the petitioner in short is that vide appointment letter dated 23.10.1982, he was initially appointed as Lecturer under the Lalit Narayan Mithila University in the pay-scale of Rs. 700-1600 and was posted at A.P.S.M. College, Barauni. The confirmation of services of the petitioner was also made effective from 11.11.1982 vide notification dated 23.07.1997 issued under the signature of Registrar of L.N. Mishra University. Thereafter, vide Notification dated 19.04.1995, the petitioner was transferred from L.N. Mishra University to B.R.A. Bihar University, Muzaffarpur. Subsequently, on completion of continuous service on the post of Lecturer, the petitioner was promoted to the post of Reader in the Department of Economics w.e.f. 11.11.1992, vide notification dated 12.08.2000. Again, on the request of the petitioner, he was transferred from B.R.A. Bihar University to Ranchi University vide notification dated 10.11.2000 and vide notification dated 28.02.2001 the petitioner was posted in B.V. Farikh College, Jamshedpur. It is the further case of the petitioner that in compliance of the office order dated 10.02.2012, the pay of the petitioner has been fixed at Rs12,420/ w.e.f. 01.01.1996 and on completion of 5 years'' service as Reader, his pay has been fixed at Rs. 14,940/- and on 10.11.2000 i.e. the date on which the petitioner was transferred from B.R.A. College, Hajipur to Ranchi University, his pay was fixed at Rs. 16,200/-. It is the further case of the petitioner that on his request, the Chancellor of the Universities has been pleased to transfer the petitioner from Bihar to Jharkhand without break in service and as such, the same cannot be an issue for denying the payment of legitimate salary to the petitioner for which he is entitled for. 16,200/-. It is the further case of the petitioner that on his request, the Chancellor of the Universities has been pleased to transfer the petitioner from Bihar to Jharkhand without break in service and as such, the same cannot be an issue for denying the payment of legitimate salary to the petitioner for which he is entitled for. It is the specific case of the petitioner that vide his representation dated 07.03.2014 addressed to the Vice Chancellor of the Kolhan University and subsequently, to the Principal Secretary of the Human Resources Department, he has requested to consider his case for refixation of his pay in view of U.G.C. pay-scale w.e.f. 01.01.1996 and 01.01.2006 but even then, the respondents have not passed any orders on his representation. Hence, the petitioner has knocked the door of this Hon''ble Court for redressal of his grievances. 4. At the very outset, learned counsel for the petitioner submits that this writ application is squarely covered by the judgment passed by this Hon''ble Court in W.P.(S).No.4162 of 2013 ( Prashant Kumar Mishra and Others. Vs. State of Jharkhand & Ors , (2018) 1 JCR 81 .) disposed of on 20.06.2017, reported in 2018 (1) JCR 81 . Learned counsel further submits that this case may be disposed of in terms of orders passed in the aforesaid cases. 5. Though no counter-affidavit has been filed, however, learned counsel appearing on behalf of the respondents very fairly submits that issues involved in this writ petition has already been decided by the Hon''ble Court in W.P.(S).No.4162 of 2013 ( Prashant Kumar Mishra and Others. Vs. State of Jharkhand & Ors , (2018) 1 JCR 81 .) disposed of on 20.06.2017, reported in 2018 (1) JCR 81 and the present writ petition may be disposed of in view of order passed in above mentioned cases. 6. In view of the fair submissions made by the learned counsel for the parties, this writ application is being disposed of in terms of the directions issued by this Hon''ble Court in W.P.(S).No.4162 of 2013 (Prashant Kumar Mishra and Others. Vs. State of Jharkhand and Others.) and if the case of the present petitioner is found to be same and similar to the case of the petitioners in W.P.(S).No.4162 of 2013 (Prashant Kumar Mishra and Others. Vs. State of Jharkhand and Others.), the present petitioner is also entitled for the same benefits. 7. Vs. State of Jharkhand and Others.) and if the case of the present petitioner is found to be same and similar to the case of the petitioners in W.P.(S).No.4162 of 2013 (Prashant Kumar Mishra and Others. Vs. State of Jharkhand and Others.), the present petitioner is also entitled for the same benefits. 7. Accordingly, I hereby direct the respondent-authorities to verify the factual aspects/ issues involved in the present writ petition vis--vis factual aspects/ issues involved in W.P.(S).No.4162 of 2013 (Prashant Kumar Mishra and Others. Vs. State of Jharkhand and Others.) and if the facts/ issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits may be extended to the present writ petitioner also, in accordance with law, within a period of 12 weeks from the date of receipt/production of a copy of this order. 8. With the aforesaid observations, this writ petition stands disposed of.