Disposed

Dr. Chiranjib Jha v. The State of Bihar

Patna HC2 Dec 2024CWJC/5281/2021

Case brief

AI extract

What is this about?

A retired Associate Professor sought arrear salary, D.A., H.R.A., M.A., GIC and medical allowances after pay revisions. Respondents admitted Rs. 8,42,795 and Rs. 9,018 as payable. The court directed the University to disburse the admitted amounts within 15 days and calculated arrears within 90 days.

What did the court decide?

University directed to disburse admitted amount (Rs. 842795 and Rs. 9018) within 15 days and calculate and pay arrears of salary, D.A., H.R.A., M.A. within 90 days; no costs.

Dr. Chiranjib 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.5281 of 2021

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Dr. Chiranjib Jha S/o Late Hari Krishna Jha Resident of Nagdah, Ward No. 13, P.S.- Singhaul, District- Begusarai, retired as Associate Professor, department of Commerce, G.D. College, Begusarai.

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... ... Petitioner/s

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Versus

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

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

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The Vice- Chancellor Lalit Narayan Mithila University, Darbhanga.

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The Registrar Lalit Narayan Mithila University, Darbhanga.

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The Finance Officer Lalit Narayan Mithila University, Darbhanga.

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The Principal G.D. College, Begusarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh For the State : Mrs. Binita Singh, SC 28 For State : Mr. Sunil Kumar Karn, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL JUDGMENT

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Date : 02-12-2024

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The petitioner has invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution for the redressal of his grievance relating to payment of arrear salary, D.A., H.R.A. and M.A.

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In order to appreciate the grievance of the petitioner, it is apposite to mention paragraph 12 of the writ petition hereinbelow.

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“12. That it is submitted that vide memo No. 591 dated 16.3.2019 whereby the pay scale of teaching employees has been

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Patna High Court CWJC No.5281 of 2021 dt.02-12-2024 2/5

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revised though partial payment has been made but rest is still due so the following dues under different heads are unpaid:

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(i) On 01.01.1996 to 31st December 2005 at the pay point of Rs. 14,940/- as on 01.01.1996 in view of law laid down by the Hon'ble High Court in CWJC No. 18552/ 2009 and its analogous cases order dated 5.7.2010.

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(ii) Difference of salary for the period of 01.01.2006 to 31.3.2010 particularly D.A., HRA and M.A. on revised pay point in view of order passed in CWJC No. 17983/ 2016 passed on 7.8.2018.

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(iii) For payment of salary difference for the period of 1.1.2016 till date of retirement on account of revision in revised UGC scale effective 01.01.2016.

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(iv) For payment of GIC @12.5% compound interest, D.D.A @9% compound interest and Medical allowances as per Govt. notification and other admitted dues.”

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That on 12^th November 2024, a counter-affidavit has

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been filed on behalf of the respondents no. 3,4 and 5, stating, inter alia, that the respondents had done exercise calculating the arrear salary of the petitioner for the period from January 1986 to October 2017 and on calculation it was found that a sum of Rs. 842795/- and Rs. 9018/- respectively are payable to the petitioner.

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Patna High Court CWJC No.5281 of 2021 dt.02-12-2024 3/5

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Thus, it is clear that the aforesaid amount has not been paid which the petitioner is entitled as per admission made by the respondents.

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At this stage, it is contended on behalf of the petitioner that the petitioner did not get difference of salary for the period of 01.01.2006 to 31.03.2010, particularly, D.A., H.R.A. and M.A. and revised pay band in view of the order passed in CWJC 17983 of 2016 passed on 07^th August 2018. He also did not receive the difference of salary for the period since 01.01.2016 till the date of his retirement on account of revision in revised UGC scale effective from 01^st January 2016. The petitioner has also claimed Government Insurance Contribution (GIC) with applicable interest and medical allowance as per Govt. notification.

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The learned Advocate for the petitioner refers to the Circular No. 2374 dated 29^th July 2010 issued by the Human Resources Development Department, Government of Bihar and specially Clause 12 thereof which runs thus:

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“(12) अनयसेवा-शरररथाभते (i) मंहगाईभतोकीअनुमानयरा राजयसरकारदारासमय-समयपरअधधसूधचर दरसेधदयाजायगा।

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(ii) मकानधकरायाभता, शहरी पधरवहनभता, यार्राभताऔरधचधकतसा भताराजयकधमरयोकेसमानसंकलपधनग होनेकीधरधथसेअनुमानयधकयाजायगा।

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Patna High Court CWJC No.5281 of 2021 dt.02-12-2024 4/5

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(iii) धशककोकेसमवगरसेसंबंधधर वैसेअंधे/धवकलांगयाअनयानयशारीधरकरप सेअपंगकधमरयोकोसामानयरपसेसवीकृर दरसेदूनापधरवहनभतादेयहोगी।"

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It is contended on behalf of the University that the State Government has instituted review petition against the decision passed in LPA No. 667 of 2021. There is no order of stay in the review petition. In different orders while disposing of the writ petitions filed by similarly circumstanced teachers, this Court directed the University to pay differences of arrear salary, D.A. and M.A. to teachers. Last of such judgment is CWJC No. 2106 of 2019 passed on 08^th July 2021. Considering such aspect of the matter, I do not find any reason as to why the petitioner would be deprived from getting the difference of the arrear salary, D.A. and M.A. as claimed in paragraph no. 12 (i) and (ii) of the writ petition.

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For the reasons stated above, the instant writ petition is disposed directing the University authority to disburse the admitted amount to the petitioner within 15 days from the date of this order as per the statement made in paragraph no. 4 of the supplementary counter-affidavit filed on behalf of the respondents no. 3,4 and 5. The University/respondents shall calculate the arrears in respect of difference of salary, D.A., H.R.A. and M.A. of

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Patna High Court CWJC No.5281 of 2021 dt.02-12-2024 5/5

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the petitioner and disburse the same within 90 days from the date

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of communication of this order.

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The instant writ petition is accordingly, disposed of on

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contest, however, there shall be no order as to cost.

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(Bibek Chaudhuri, J)

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Suraj Dubey/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	03.12.2024
Transmission Date	03.12.2024

Dr. Chiranjib Jha v. The State of Bihar

Case brief

What is this about?

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Dr. Chiranjib Jha v. The State of Bihar

Case brief

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What did the court decide?

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