Nityanand Sinha Vs The State of Bihar through Principal Secretary Education Department

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10744 of 2021

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Nityanand Sinha s/O - Late Ram Sagar Singh R/O Village - Harpur Belwa, P.S. - Mahua, District- Vaishali.

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Radha Shyam Pd. Singh S/O - Late Sri Hari Nandan Prasad Singh Resident of Mohalla - Panchwati Colony Manjhauliya, P.S. - Sadar, Muzaffarpur, District- Muzaffarpur.

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Shatrughna Prasad Singh S/O - Late Sri Krishna Dev Singh Resident of Mohalla - Kalambagh Chauk, P.S. - Kaji Muhammadpur, DistrictMuzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary Education Department, Government of Bihar, Patna.

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The Vice Chancellor B.R.A. Bihar University, Muzaffarpur.

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The Finance Officer, B.R.A. Bihar University, Muzaffarpur.

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The Director, Higher Education, Government of Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ram Shankar Das, Adv. For the State : Mr. Prabhakar Jha (Gp27) For the University : Mr. Mritunjay Kumar, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 26-09-2024 Heard learned counsel for the petitioners, learned

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counsel for the State and learned counsel for the University.

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The present writ petition has been filed seeking the

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following reliefs:

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“A. A writ in the nature of mandamus or any appropriate writ/s, order/s, direction/s commanding to the respondents for the following reliefs

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i. To direct the respondents to pay the revised pay scale on the basis of pay commission recommendation and after its calculation further to pay salary with arrears by fixing the

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Patna High Court CWJC No.10744 of 2021(4) dt.26-09-2024 2/3

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pension of the petitioner as last drawing salary. ii. To direct the respondents to release forthwith the pension of the petitioners by calculating recommendation of 6^th pay commission and further to pay the arrears of salaries to the petitioners likewise after its calculation upon the basis of recommendation of 6^th pay commission & after necessary correction fixed the pension to the petitioners.

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B. Any other relief or reliefs as your lordships may deem fit and proper in the facts and circumstances of the case.”

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At the very outset, learned counsel for the

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petitioners submits that earlier the petitioners have filed a detailed representation dated 27.11.2019 to the Registrar of the University, but till date no order has been passed by the concerned authorities.

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Considering the aforesaid facts, the petitioners are directed to file a fresh representation before the respondent no.2 (the Vice Chancellor B.R.A. Bihar University, Muzaffarpur) along with all supporting documents within a period of three weeks and the respondent no.2 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within ten weeks thereafter.

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