Disposed

Arun Kumar Jha v. The State of Bihar

Patna HC19 Sept 2024CWJC/14178/2024

Case brief

AI extract

What is this about?

This writ application sought differential salary upon promotion. The court deemed it expedient not to decide the substantive claim immediately but to direct the Registrar of the University to dispose of the pending representation within three months. If salary is found payable, respondents must pay within a month.

What did the court decide?

Direction to Registrar, B.N. Mandal University to dispose pending representation within three months; duty to pay differential salary if found payable within one month of representation disposal.

Arun Kumar Jha Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14178 of 2024

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Arun Kumar Jha Son of Late Chandra Kant Jha, Associate Professor, Department of Statistics, S.N.S.R.K.S. College, Saharsa, Resident of H.P.-5, Housing Colony, Indira Nagar, P.S. Khajanchi, District and Town- Purnea.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

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The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

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The Director, Higher Education, Bihar, Patna.

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Bhupendra Narayan Mandal University, Madhepura through its Registrar.

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The Vice-Chancellor, Bhupendra Narayan Mandal University, Madhepura.

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The Registrar, Bhupendra Narayan Mandal University, Madhepura.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Respondent/s : Mr. Shankar Kumar Thakur, AC to GP 27 For the University : Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 19-09-2024

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Learned counsel for the petitioner submits that the present writ application has been filed for a direction to the respondents to pay differential salary pursuant to promotion of the petitioner from “Lecturer” to “Lecturer (Senior Scale)”.

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The petitioner is working in S.N.S.R.K.S. College, Saharsa, which is a constituent unit of B.N. Mandal University, Madhepura. By notification dated 05.09.2012 the petitioner was promoted in the pay scale of Lecturer (Senior Scale) with effect from 25.02.2010, however, later on vide notification dated 31.01.2017 the date of promotion has been shifted to

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Patna High Court CWJC No.14178 of 2024(2) dt.19-09-2024 2/3

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27.07.1998.

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Learned counsel submits that differential salary pursuant to promotion in senior scale is payable to the petitioner from July, 1998 to December, 2015. However, from 2016 pay scale of senior scale has been paid to the petitioner. The petitioner has filed representation before the Registrar, B.N. Mandal University dated 09.06.2022 but the same is still pending.

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Learned counsel for the University submits that in view of the nature of prayer made in this writ application, the matter may be referred to the concerned respondent for disposal of the representation in accordance with law.

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Having heard learned counsel for the parties and taking into consideration the nature of prayer made in the writ application, I feel it expedient to dispose this writ application with a direction to the Registrar, B.N. Mandal University, Madhepura to dispose the representation of the petitioner at Annexure -P/4 in accordance with law by a reasoned order within a period of three months from the date of receipt / production of a copy of this order.

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It is made clear that if differential salary is found payable to the petitioner, the same shall be paid by the respondents within a period of one month from the date of disposal of the

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Patna High Court CWJC No.14178 of 2024(2) dt.19-09-2024 3/3

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representation of the petitioner.

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(Anil Kumar Sinha, J)

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praful/-

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Arun Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arun Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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