Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20041 of 2013 ====================================================== Jeevanand Mishra Son Of Late Vishwanath Mishra Resident Of Village- Kachhua, Police Station- Lakhnaur, District- Madhubani, At Present C/O Rajesh Mishra, The Oriental Insurance Company Ltd., Jage Shanti Market Complex Netaji Subhash Road, Opposite L.I.C. Of India, Deoghar, District- Deoghar .... .... Petitioner/s Versus 1. The State Of Bihar Through The Secretary, Human Resources Development Department, Patna 2. The Vice Chancellor, Magadh University, Bodh Gaya 3. The Registrar, Magadh University, Bodh Gaya 4. The Pension Officer, Magadh University, Bodh Gaya 5. The Principal, B.D. College, Mithapur, Patna 6. The Director, Higher Education, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Jha, Adv. For the Respondent/s : Mr. Rishiraj Sinha GP19 & Mr. Rakesh Prabhat AC to GP-19. For the Magadh University : Mr. Hansraj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 18-12-2013 Heard learned counsel for the parties. Learned counsel for the petitioner prays for and is allowed to implead Director, Higher Education as respondent no. 6 to this writ application. The prayer of the petitioner in this writ application reads as follows:- "Fixation of pay and other allowances in the rank of 'Reader' with effect from 02.01.1993 giving benefit of revised U.G.C. Scale. Re-fixation of pension keeping in view the promotion of petitioner to the post of 'Reader' w.e.f. 02.01.1993 giving benefit of 1996 U.G.C Scale and 2006 U.G.C. Scale and payment of arrears.
Legal Reasoning
Patna High Court CWJC No.20041 of 2013 (2) dt.18-12-2013 2 Payment of the amount fixed under item (i), (ii) above and (iv) below with interest for the undue delay in payment and putting the petitioner in unnecessary harassment and compelling him to move this Hon'ble Court for rightful dues. Payment of Leave Encashment and other admissible allowances keeping in view the promotion of petitioner to the post of 'Reader' w.e.f. 02.01.1993."
Legal Reasoning
Mr. Ramesh Jha, learned counsel appearing on behalf of the petitioner in support of the aforementioned prayer has submitted that after the petitioner had retired from service while holding the post of Lecturer on 31.12.2003, the University had ultimately issued an order of promotion on 30.08.2010 giving the petitioner promotional post of Reader w.e.f. 02.01.1993 as a result whereof the petitioner also became entitled for payment of difference of salary of the post of Lecturer and Reader since, 02.01.1993 till date of his retirement i.e. 31.12.2003. He has, however, submitted that even after expiry of more than three years of the order of such promotion of the petitioner, he has not paid beyond what was already paid to him by way of salary or retirement benefit in the pay scale of Lecturer. According to Mr. Jha, learned counsel for the petitioner would be entitled for only difference of salary and retirement benefits treating him to hold the post of Reader in Patna High Court CWJC No.20041 of 2013 (2) dt.18-12-2013 3 view of the promotion order dated 30.08.2010. Mr. Hansraj, learned counsel appearing on behalf of the Magadh University does not dispute any of the aforementioned submission of Mr. Jha, but then he points that it was very much made clear to the petitioner in his pay fixation order dated 26.10.2010 (Annexure-3) which was immediately issued after notifying of the promotion of the petitioner on 30.08.2010 that the pay fixation of the petitioner on the post of Reader though approved by the University will not lead to payment of arrears unless the additional grant from the State Government for this purpose is received. According to Mr. Hansraj, such additional grant from the State Government has not been received as yet therefore the petitioner will have to wait till receipt of fund for payment of his arrears of salary and retirement benefit in the pay scale of Reader. In this case, learned counsel for the State who also like the learned counsel for the Magadh University has not filed any counter affidavit has submitted that whatever funds are being required for payment of salary and retirement benefit is being regularly sanctioned and released by the State Government on year to year basis and therefore no special Patna High Court CWJC No.20041 of 2013 (2) dt.18-12-2013 4 fund can be claimed for payment of promotional benefit either by way of salary or retirement benefit in the name of the petitioner. He would accordingly, submit that the payment of amount of arrears of salary and retirement benefit to the petitioner in the pay scale of the post of Reader as per the order of promotion should be made by the University and if any balance amount beyond whatever has not been sanctioned and paid by the Government to the University the same can be claimed and/or accounted for and/or adjusted in future. In view of the fact that the University is wholly dependent on the grant of full financial aid for payment of salary, emoluments and retirement benefits of the teaching and non teaching employees of the University and its constituent Colleges and a stand has been taken by Mr. Hansraj learned counsel for the University that there is no special fund available for payment of arrears of difference of salary and difference of payment of retirement benefit beyond what has already been paid to the petitioner in the pay scale of Lecturer, this Court would direct both the Registrar of the Magadh University and the Director, Higher Education to examine as to whether the required fund for payment of difference of salary of the post of Reader as per the order of promotion and Patna High Court CWJC No.20041 of 2013 (2) dt.18-12-2013 5 other retirement benefit has already been released and lead to payment by the University of its own or some additional funds will have to be released for this purpose by the State Government to the University. In any event such decision must be taken within a period of three months from the date of receipt of this order so that the payment of amount either on the head of difference of salary or retirement benefit in the pay scale of Reader is made to the petitioner within a period of one month from the aforementioned expiry of the period of three months. In other words, whatever amount has to be paid to the petitioner must be paid to the petitioner within a period of four months from the date of receipt of this order by the Director, Higher Education and the Registrar of the University. It is however made clear that if such payment is not made to the petitioner both the Registrar of the Magadh University and Director, Higher Education would be liable to be proceeded under the Contempt of Court Act. With the aforementioned observation and direction,
Decision
this application is disposed of. Ranjan/- (Mihir Kumar Jha, J)