Patna High Court
Prof. Dharmdeo Rai vs The State Of Bihar on 13 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12280 of 2021
======================================================
Prof. Dharmdeo Rai S/o Late Shiv Pujan Rai, Resident of Azad Nagar, Road
NO. - 1, P.O.- Lohiya Nagar, Kankarbagh, Patna 800020.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Special Secretary, Education Department, Govt. of Bihar, Patna.
4. The Vice- Chancellor, Magadh University, Bodh Gaya.
5. The Registrar, Magadh University, Bodh Gaya.
6. The Finance Officer, Magadh University, Bodh Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shree Ganesh, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadaw, (GP 23)
For the University : Mrs. Nutan Sahay, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 13-12-2022
Heard Mr. Shree Ganesh, learned counsel appearing on
behalf of the petitioner, Mrs. Nutan Sahay, learned counsel for the
Magadh University and Mr. Madhaw Pd. Yadaw, learned GP 23 for
the State.
The present writ application has been filed seeking a
direction upon the respondent University to rectify the anomaly
which arose in fixation of pension to the petitioner under the 7 th
Pay Revision Scheme as the respondent University has fixed basic
pension as Rs. 70,852/- whereas according to the guidelines of the
State Government, the basic pension should be Rs. 72,100/-.
Patna High Court CWJC No.12280 of 2021 dt.13-12-2022
The petitioner is relying upon the guidelines issued
under the signature of the Special Secretary to the Government
vide Memo No. 592 dated 06.03.2019, i.e., Annexure 1 to the writ
application.
A counter affidavit has been filed on behalf of the
respondent nos. 4 to 6.
Learned counsel for the University by referring to the
statements made in the paragraph nos. 4 to 6 of the counter
affidavit submits that the calculation made by the petitioner, shown
in the writ application is not correct and the fixation @ of Rs.
70,852/- per month in the 7th Pay Scale, as done by the University,
is correct and further there is no need to rectify the same.
A reply to the counter affidavit has been filed and the
petitioner by harping upon the statements made therein, submits
that the respondent University has not made fixation as per the
Government resolution, as contained in Memo No. 592 dated
06.03.2019.
In view of the submissions made on behalf of the
learned counsel for the petitioner as well as the University, this
Court deems it apt and proper to direct the Registrar, Magadh
University, Bodh Gaya to place the claim of the petitioner before
the Finance Officer, Magadh University, Bodh Gaya (respondent
Patna High Court CWJC No.12280 of 2021 dt.13-12-2022
no. 6), who would be obliged to issue proper notice to the
petitioner and after providing opportunity of hearing, the claim of
the petitioner would be examined afresh and necessary order shall
be passed, in accordance with law, specially in terms of the
guidelines of the State, as contained in Memo No. 592 dated
06.03.2019.
It is needless to say that the aforesaid exercise must be
completed within a period of 12 weeks from the date of
receipt/production of a copy of this order.
Accordingly, the present writ application stands
disposed of with the aforesaid observation and direction.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.12.2022.
Transmission Date NA
