Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17231 of 2012 ====================================================== 1. Shamim Ahmad Khan son of Late A.S. Khan, resident of NB Road, Professor’s colony, Patna city, presently posted as Associate Professor, Department of Physics, Oriental College, Patna City, Magadh University 2. M D Rafe Uzzaman @ Managing Director R.Zaman s/o Late MD Hussain, resident of Naugharwa colony, near Masjid, Police station Sultanganj, Post office Mahendru, District Patna presently posted as Associate Professor, Department of Chemistry, Oriental College, Patna City, Magadh University 3. Shamim Akhtar @ S.Shamim Akhtar s/o Late Hassdan Akhtar, resident of New Azimabad colony, Post office Mahendru, Police station Bahadurpur, District Patna presently posted as Associate Professor, Department of Physics, Oriental College, Patna City, Magadh University 4. Keshwar Begam daughter of Late Syed Imam Ali resident of Rifer Fview Colony, City S.D.O. Lane, Badarghat, district Patna presently posted as Associate Professor, Department of English , Oriental College, Patna City, Magadh University .... .... Petitioners Versus 1. The State Of Bihar Through Its Principal Secretary Department Of Human Resources Development Department (Higher Education), Government Of Bihar, Patna 2. The Magadh University, Through Its Registrar, Magadh University, Bodh- Gaya, Gaya 3. The Vice-Chancellor Magadh University, Bodh-Gaya, Gaya 4. The Registrar, Magadh University, Bodh-Gaya, Gaya 5. The Finance Officer, Magadh University, Bodh-Gaya, Gaya …. Respondents ====================================================== with Civil Writ Jurisdiction Case No.15863 of 2012 ====================================================== 1. Md. Anwarul Haque S/O Late Md. Ayub R/O Manzari Apartment, Flat No. 201, Langartoli Chouraha, Dariyapur, P.S.- Pirbahore, District- Patna, Presently Posted As: Associate Professor, Department Of History, Oriental College,Patna City, Magadh University 2. Syed Aziz Ahmad S/O Late S.M. Ahmad R/O : Baitul Amean, Sharif Colony, P.S.-Pirbahore, District- Patna, Retd. Reader, Department Of Mathematics, Oriental College, Patna City, Magadh University
Facts
3. S. Nafis Haider S/O Late S. Zafir Ahson R/O: 4th Floor, Nafis Palace, Sarif Colony, P.S.-Pirbahore, District- Patna, Retd. Reader & Head Of The Department Of Chemistry,Oriental College, Patna City, Magadh University 4. Akhtar Hussain S/O Late Dabirul Hussain R/O: Village- Hala Mala, P.O.- Belwa, P.S.- Kishanganj, District-Kishanganj, Retd. Reader, Department Of Economics, Oriental College, Patna City, Magadh University 5. Mahmood Alam S/O Late Abdul Hafiz R/O: Kazim Begum Women'S College Campus, Guzri, P.S.- Khajekalan, District-Patna, Retd. Reader, Patna High Court CWJC No.17231 of 2012 (3) dt.10-01-201 2/5 Department Of Economics, Oriental College, Patna City, Magadh University 6. Shree Islam Shakeb Ayaz S/O Late Md. Azimuddin R/O: Nawab Bhadur Colony, Nawab Bahadur Road, P.O.-Jhanganj, P.S.- Khajekalan, District- Patna, Retd. Reader, Department Of Urdu, Oriental College, Patna University, Magadh University 7. Shakir Hussain S/O Late Md. Mobinuddin R/O: Darul Mobin, New Azimabad- Sandal Nagar, P.S.- Bahadurpur, P.O.- Mahendru, District- Patna, Retd. Reader, Department Of Psychology, Oriental College, Patna City, Magadh University Versus 1. The State Of Bihar Through Its Principal Secretary Department Of Human Resources Development Department (Higher Education), Government Of Bihar, Patna 2. The Magadh University, Through Its Registrar, Magadh University, Bodh- .... .... Petitioner/s Gaya, Gaya 3. The Vice-Chancellor Magadh University, Bodh-Gaya, Gaya 4. The Registrar, Magadh University, Bodh-Gaya, Gaya 5. The Finance Officer, Magadh University, Bodh-Gaya, Gaya .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.18571 of 2012 ====================================================== 1. Shahla Aziz Widow Of Late S.E.Q Mustafa Resident Of : Talat Manzil, Nasheman Colony, Khajur Banna, P.S. - Sultanganj, District - Patna 2. Bilquish Wara Widow Of Late Ch. A. W. Khan Resident Of: Navgharwa, P.O. - Mahendru, P.S. - Sultanganj, District - Patna Versus 1. The State Of Bihar , Through Its Principal Secretary, Department Of (Higher Education), Human Resources Development Department Government Of Bihar, Patna 2. The Magadh University, Through Its Registrar, Magadh University, Bodh- .... .... Petitioner/s Gaya, Gaya 3. The Vice-Chancellor, Magadh University, Bodh-Gaya, Gaya 4. The Registrar, Magadh University, Bodh-Gaya, Gaya 5. The Finance Officer, Magadh University, Bodh-Gaya, Gaya .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.19132 of 2012 ====================================================== 1. Dr.Syed Anwar Hassan Zahedi Son Of Late S.M. Nehal Hassan Zahedi Resident Of Nawab Bahadur Road, Professor Colony, Patna City, P.S. - Kajekalan, District - Patna, Presently Posted As : Associate Professor, Department Of Persian, Oriental College, Patna City, Magadh University Patna High Court CWJC No.17231 of 2012 (3) dt.10-01-201 3/5 2. Md. Kamaluddin Muztar Son Of Late Safdar Ali Retd. Reader, Department Of Persian, Oriental College, Patna City, Magadh University, Resident Of C/O Dr. Ghulam Rabbani, Mohalla - Islam Nagar, Bhikhanpur, Gumti No. 2, P.S. - Bhikhanpur, District - Bhagalpur 3. Mrs. Aliya Hussain Daughter Of Late Md. Mushtaque Hussain Retd. Reader , Department Of Psychology, Oriental College, Patna City, Magadh University, Resident Of 4th Floor, Nafis Palace, Sarif Colony, P.S. - Pirbahore, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar , Through Its, Principal Secretary, Department Of Human Resources Development Department (Higher Education), Government Of Bihar, Patna 2. The Magadh University, Through Its , Registrar, Magadh University, Bodh-Gaya, Gaya 3. The Vice-Chancellor, Magadh University, Bodh-Gaya, Gaya 4. The Registrar, Magadh University, Bodh-Gaya, Gaya 5. The Finance Officer, Magadh University, Bodh-Gaya, Gaya
Legal Reasoning
a decision of this Court in case of Dr. Binod Kr Pandey Vs. State and others (C.W.J.C.No. 18552/2009) heard analogous with other writ petitions contained in Annexure 8 as well as in case of Dr. Saroj Deo Narayan Srivastava and others including Dr Suresh Chandra Srivastava Vs. State and others (C.W.J.C.No. 11480 & 12834/2010), contained in Annexure 8/1. The Bench has clarified that UGC pay scale would be applicable to the teachers of the University without any discrimination. Counsel for the University submits that auditors have already quantified and forwarded the claim of the petitioners to the University. He submits that the University has also written letter to the State government for allotment of necessary fund. In the facts and circumstances of the case, the State government is directed to make allotment of the fund for payment Patna High Court CWJC No.17231 of 2012 (3) dt.10-01-201 5/5 of the dues of the petitioners. Claim of the deceased University teachers would be made over to their widows as in case of petitioners of C.W.J.C.No. 18571/2012.
Arguments
.... .... Respondent/s ====================================================== Appearance : (In CWJC No.17231 of 2012) For the Petitioner/s : Mr. Lal Babu Singh For the Respondent/s : Mr. Md. N. Hoda Khan Sc18 (In CWJC No.15863 of 2012) For the Petitioner/s : Mr. Lal Babu Singh For the Respondent/s : Mr. Prasoon Sinha Ga2 (In CWJC No.18571 of 2012) For the Petitioner/s : Mr. Rajesh Kumar Singh For the Respondent/s : Mr. Vinay Kriti Singh Sc5 (In CWJC No.19132 of 2012) For the Petitioner/s : Mr. Rajesh Kumar Singh For the Respondent/s : Mr. J.S. Arora Sc6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 10-01-2013 Heard learned counsel for the petitioners, the State and the University in all the four writ petitions. Except for petitioners of C.W.J.C.No. 18571/2012 who are widows of University teachers, all the petitioners are University teachers. They pray for payment of arrears of Patna High Court CWJC No.17231 of 2012 (3) dt.10-01-201 4/5 difference of salary in the basic pay of Rs. 15,360/- in the revised pay scale of Rs. 12,000/- 18,300/- in view of 1996 UGC pay scale which came into effect from 1.1.1996. There is no dispute of the fact that the revised UGC scale has been made applicable to the teachers of the Patna University as well as other Universities of the State by accepting Letter no. F 1-22/97-U.I. dated 6.11.1998 issued by the Central Government. The matter in this respect has also been set at rest by
Decision
The writ petitions are thus allowed. Shashi./- (Samarendra Pratap Singh, J)