Dr.Makeshwar Prasad &Amp; Ors vs The State Of Bihar &Amp; Ors on 5 July, 2010

Patna High Court – Orders
Dr.Makeshwar Prasad &Amp; Ors vs The State Of Bihar &Amp; Ors on 5 July, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CWJC No.18552 of 2009
1. DR. BINOD KUMAR PANDEY S/O LATE RAM LOACHAN PANDEY R/O
SURYA JYOTISH SADAN, RAJENDRA NAGAR, ROAD NO.-6, P.S.-
KADAMKUAN, DISTT.-PATNA, PIN-800 016, AT PRESENT POSTED AS
HEAD OF THE DEPARTMENT OF STATISTICS, B.N. COLLEGE, PATNA
UNIVERSITY, PATNA.
                           VERSUS

1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY
HUMAN RESOURCES DEVELOPMENT DEPARTMENT (HIGHER
EDUCATION), GOVERNMENT OF BIHAR, PATNA
2. PATNA UNIVERSITY THROUGH ITS REGISTRAR ASHOK RAJPATH,
PATNA
3. THE VICE-CHANCELLOR PATNA UNIVERSITY, ASHOK RAJPATH,
PATNA
4. THE REGISTRAR PATNA UNIVERSITY, ASHOK RAJPATH, PATNA
5. THE FINANCE OFFICER PATNA UNIVERSITY, ASHOK RAJPATH,
PATNA.
                           WITH

                     CWJC No. 10027 of 2010
1. DR. MAKESHWAR PRASAD, S/O LATE BALGOBIND PRASAD RETD.
READER, DEPARTMENT OF CHEMISTRY, SCIENCE COLLEGE, PATNA
UNIVERSITY, PATNA, PRESENTLY RESIDING AT: SAKETPURI, SOUTH
BAZAR SAMITTEE, RAJENDRA NAGAR, P.S.- BAHADURPUR, DISTT.-
PATNA
2. DR. RAJESHWAR PRASAD SINHA, S/O LATE UDIT NARAYAN SINHA
RETD. READER, DEPARTMENT OF PSYCHOLOGY, B.N. COLLEGE,
PATNA UNIVERSITY, PATNA, PRESENTLY RESIDING AT - RAMNIWASH
BHAWAN, SWEET HEART LANE, MUSHALLEHPUR-HATT, P.S.-
KADAMKUAN, DISTT.- PATNA
3. DR. RAM NANDAN SHUKLA, S/O LATE RAM DEO SHUKLA RETD.
READER, DEPARTMENT OF CHEMISTRY, B.N. COLLEGE, PATNA
UNIVERSITY, PATNA, PRESENTLY RESIDING AT - VIDYAPURI, CHOTI
BAZAR, MUGALPURA, PATNA CITY, P.S.- KHAJEKALAN, DISTT.- PATNA
4. DR. RAMESHWAR PRASAD YADAV, S/O LATE ADHIKLAL YADAV
RETD. READER, POST-GRADUATION DEPARTMENT OF ZOOLOGY,
PATNA UNIVERSITY, PATNA, PRESENTLY RESIDING AT - FLAT NO.
101, SHIVAM APARTMENT, FRASER ROAD, NEAR BIHAR SCHOOL
EXAMINATION BOARD, P.S.- KOTWALI, DISTT.- PATNA
5. DR. PARAS NATH SINHA S/O LATE AMBIKA SINGH RETD. READER,
POST GRADUATION DEPARTMENT OF BOTANY, PATNA UNIVERSITY,
PATNA, PRESENTLY RESIDING AT - 4M-106, T.V. TOWER ROAD, P.O.-
BAHADURPUR HOUSING COLONY, P.S.- AGAMKUAN, DISTT.- PATNA
6. DR. KANTI PRASAD VERMA S/O LATE RAGHAVA PRASAD RETD.
READER, DEPARTMENT OF ZOOLOGY, B.N. COLLEGE, PATNA
UNIVERSITY, PATNA, PRESENTLY RESIDING AT : M.I.G. FLAT NO. - 3/93,
SECTOR-VI, BAHADURPUR HOUSING COLONY, P.S.- AGAMKUAN,
DISTT.- PATNA
                       -2-



7. DR. (SMT.) SHAKUNTALA VERMA W/O SHRI SHYAM DEO KUMAR
NIRMAL RETD. READER, DEPARTMENT OF HOME SCIENCE, MAGADH
MAHILLA COLLEGE, PATNA UNIVERSITY, PATNA, PRESENTLY
RESIDING AT : 8H/8, BAHADURPUR HOUSING COLONY, P.S.-
AGAMKUAN, DISTT.- PATNA
8. DR. NAWAL KISHORE PRASAD S/O LATE BISHUN LAL RETD.
READER, POST GRADUATION DEPARTMENT OF CHEMISTRY, PATNA
UNIVERSITY, PATNA, PRESENTLY RESIDING AT : VIKASH NAGAR,
(SANDALPUR), ROAD NO. 3, MAHENDRU, P.S.- ALAMGANJ, DISTT.-
PATNA
9. DR. YUGAL KISHORE PRASAD YADAV S/O LATE SHRI GANGA
VISHNU YADAV RETD. READER, POST GRADUATION DEPARTMENT OF
CHEMISTRY, PATNA UNIVERSITY, PATNA, PRESENTLY RESIDING AT :
NAYAGAON, MUSHELLEHPUR, MAHENDRU, P.S.- PIRBAHORE, DISTT.-
PATNA
10. DR. RAM BILAS MAHTO S/O LATE RAM KISHUN MAHTO RETD.
READER, DEPARTMENT OF GEOGRAPHY, PATNA COLLEGE, PATNA
UNIVERSITY, PATNA, PRESENTLY RESIDING AT: BANKMANS COLONY,
CHITRAGUPTA NAGAR, KANKERBAGH, P.S.- PATRAKAR NAGAR,
DISTT.- PATNA
11. DR. AHILYA SINHA W/O LATE SURENDRA PRASAD READER,
DEPARTMENT OF ZOOLOGY, SCIENCE COLLEGE, PATNA UNIVERSITY,
PATNA, PRESENTLY RESIDING AT : ASHADEEP, AMRUDDI LANE, NEAR
NALA ROAD PTEROL PUMP, P.O.- BANKIPORE, P.S.- KADAMKUAN,
DISTT.- PATNA
12. ASHA SINHA W/O SHRI R.K. SINHA RETD. READER, DEPARTMENT
OF ZOOLOGY, MAGADH MAHILLA COLLEGE, PATNA UNIVERSITY,
PATNA, PRESENTLY RESIDING AT : C/O SHRI RATINDRA NATH,
JOURNALIST, EMCO HUME PIPE FACTORY CAMPUS, BEHIND BAZAAR
SAMITTEE, P.O.- MAHENDRU, P.S.- BAHADURPUR, DISTT.- PATNA
13. DR. KANAK VERMA W/O SHRI SUSHIL KUMAR VERMA RETD.
READER, DEPARTMENT OF ZOOLOGY, MAGADH MAHILLA COLLEGE,
PATNA UNIVERSITY, PATNA, PRESENTLY RESIDING AT: A/84, JAGAT
AMRAWATI APPARTMENT, BEHIND OFFICERS HOSTEL, BAILEY ROAD,
P.S.- KOTWALI, DISTT.- PATNA
14. DR. INDU KUMARI W/O SHRI BINOD KAPOOR RETD. READER,
DEPARTMENT OF ZOOLOGY, MAGADH MAHILLA COLLEGE, PATNA
UNIVERSITY, PATNA, PRESENTLY RESIDING AT: 504, L.I.G. FLATS,
SECTOR-VI, BLOCK-VIII, BHOOTNATH ROAD, P.S.- AGAMKUAN, DISTT.-
PATNA
                             VERSUS

1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HUMAN
RESOURCES DEPARTMENT (HIGHER EDUCATION), GOVERNMENT OF
BIHAR, PATNA
2. THE PATNA UNIVERSITY THROUGH REGISTRAR, PATNA
UNIVERSITY, PATNA, ASHOK RAJ-PATH, PATNA
3. THE VICE-CHANCELLOR, PATNA UNIVERSITY, PATNA, ASHOK RAJ-
PATH, PATNA-5
4. THE REGISTRAR, PATNA UNIVERSITY, ASHOK RAJ-PATH, PATNA
                      -3-



5. THE FINANCE OFFICER, PATNA UNIVERSITY, PATNA, ASHOK
RAJPATH, PATNA
                         WITH

                        CWJC No. 8244 of 2010
1. DR. SHARAT CHANDRA MANDAL, S/O LATE SHIV LOCHAN MANDAL,
SR.READER, DEPARTMENT OF GEOGRAPHY,T.N.B. COLLEGE,
BHAGALPUR.
2. ANAND SHANKAR SAHAY, S/O GOURI SHANKAR SAHAY, READER,
DEPARTMENT OF CHEMISTRY,T.N.B. COLLEGE,BHAGALPUR.
3. ANJANI KUMAR THAKUR, S/O SHRI PARMANAND THAKUR,
READER,DEPARTMENT          OF    MATHEMATICS,T.N.B.  COLLEGE,
BHAGALPUR.
4. DR. RASHMI PRAKASH, D/O KRISHNA PRAKASH SINHA, READER,
DEPARTMENT OF GEOGRAPHY, PRESENTLY DEPUTED IN T.N.B.
COLLEGE, BHAGALPUR.
5. DR. AWADH KISHORE, S/O SRI NAWAL KISHORE SINGH,
READER,DEPARTMENT OF BOTANY,T.N.B. COLLEGE,BHAGALPUR.
6. KAMAKHYA PRASAD, S/O LATE LAKSHMI NARAYAN PRASAD,
READER,DEPARTMENT OF CHEMISTRY,T.N.B. COLLEGE,BHAGALPUR.
7. RAMCHANDRA GHOSH, S/O LATE SHIVE CHANDRA GHOSH,
READER,DEPARTMENT OF HINDI,T.N.B. COLLEGE,BHAGALPUR.
8. DR. ROMA SINHA, D/O MR. S.K. SINHA, READER,DEPARTMENT OF
ECONOMICS,T.N.B. COLLEGE,BHAGALPUR.
9. DR. MD. REYAZ AHMAD ANSARI, S/O LATE A. MATIN, READER,
DEPARTMENT OF URDU, T.N.B. COLLEGE,BHAGALPUR.
10. DR. KRISHNA NAND YADAV, S/O LATE LAL CHANDRA YADAV,
READER,DEPARTMENT OF ENGLISH,T.N.B. COLLEGE,BHAGALPUR.
11. DR. RANA PRATAP SINGH, S/O LATE SARYU SINGH, UNIVERSITY
PROFESSOR,DEPARTMENT          OF   CHEMISTRY,T.N.B.  COLLEGE,
BHAGALPUR.
12. DR. BINOD KUMAR CHOUDHARY, S/O LATE GANGA PRASAD
CHOUDHARY, READER,DEPARTMENT OF BOTANY,T.N.B. COLLEGE,
BHAGALPUR.
13. DR. UMA SHANKAR PANDIT, S/O LATE B.N. PANDIT,
READER,DEPARTMENT OF GEOGRAPHY,T.N.B. COLLEGE,BHAGALPUR.
14. DR. SHREE KRISHNA MISHRA, S/O LATE CHUN CHUN MISHRA,
READER,DEPARTMENT OF HISTORY,T.N.B. COLLEGE,BHAGALPUR.
15. DR. PRAFULLA CHANDRA CHAUDHARY, S/O LATE SITA RAM
CHOUDHARY, READER, DEPARTMENT OF POL. SCIENCE,T.N.B.
COLLEGE,BHAGALPUR.
16. DR. C.B.P. SINGH, S/O LATE JAGDISH NARAYAN SINGH, READER,
DEPARTMENT OF PSYCHOLOGY,PRESENTLY DEPUTED AT T.N.B.
COLLEGE,BHAGALPUR.
17. DR. SARBADA NAND SINGH, S/O LATE YOGESHWAR PRASAD
SINGH, RETD. READER, DEPARTMENT OF BOTANY,T.N.B. COLLEGE,
BHAGALPUR.
18. UPENDRA KUMAR SINHA, S/O LATE NAGENDRA PRASAD SINHA,
RETD.READER,DEPARTMENT          OF    ZOOLOGY,T.N.B. COLLEGE,
BHAGALPUR.
                       -4-



19. DR. BISHWANATH PD. JAISWAL, S/O LATE GANGA PRASAD
JAISWAL, READER,DEPARTMENT OF BOTANY,T.N.B. COLLEGE,
BHAGALPUR.
20. DR. NAND KISHORE SAH, S/O LATE RAM BUJHAWAN SAH, READER,
DEPARTMENT OF BOTANY,T.N.B. COLLEGE,BHAGALPUR.
21. DR. VIJOY KANT DAS, S/O LATE SHRI KRISHNA DAS, READER,
DEPARTMENT OF ENGLISH,T.N.B. COLLEGE,BHAGALPUR.
22. PRASANNA SHANKAR MISHRA, S/O LATE GAURI SHANKAR
MISHRA, READER,DEPARTMENT OF PHYSICS,T.N.B. COLLEGE,
BHAGALPUR.
23. DR. NARSINGH YADAV, S/O LATE KASHI NATH YADAV,
READER,DEPARTMENT OF PHYSICS,T.N.B. COLLEGE,BHAGALPUR.
24. DR. KRISHNA CHANDRA MISHRA, S/O LATE PROF. TARKESHWAR
MISHRA, READER,DEPARTMENT OF ZOOLOGY,T.N.B. COLLEGE,
BHAGALPUR.
25. DR. ANJANI KUMAR ROY, S/O LATE ACHRYA SHIV BALAK ROY, SR.
READER,DEPARTMENT OF HINDI,T.N.B. COLLEGE,BHAGALPUR.
26. DR. KAUSHAL KISHORE JHA, S/O LATE DEVI NATH JHA, SR.
READER,DEPARTMENT OF HINDI,T.N.B. COLLEGE,BHAGALPUR.
27.DR.    GOUTAM    CHANDRA,     S/O   SRI  RAMDEO     PRASAD,
READER,DEPARTMENT OF PHYSICS,T.N.B. COLLEGE,BHAGALPUR.
28. DR. RAM DAHIN ROY, S/O LATE SHREE JAI NATH ROY, READER,
DEPARTMENT OF PHYSICS,T.N.B. COLLEGE,BHAGALPUR.
29. MITHILESH KUMAR SINHA, S/O LATE GAYA PD.           READER,
DEPARTMENT OF ENGLISH, T.N.B. COLLEGE,BHAGALPUR.
30. ALOK KUMAR CHOUBEY, S/O SRI ANIRUDHA PRASAD CHOUBEY,
READER,DEPARTMENT OF HINDI,T.N.B. COLLEGE,BHAGALPUR.
31. DR. GHANSHYAM PD. SINGH, S/O DR. RAJENDRA KUMAR SINGH,
READER,DEPARTMENT OF CHEMISTRY,T.N.B. COLLEGE,BHAGALPUR.
32. DR. SUBASH CHANDRA GUPTA, S/O LATE BANARSI PD. GUPTA,
READER,DEPARTMENT OF SOCIOLOGY, T.N.B. COLLEGE,BHAGALPUR.
33. DR. UPENDRA SAH, S/O LATE BALDEO SAH, READER,DEPARTMENT
OF ECONOMICS, P.G. DEPTT. OF ECONOMICS, T.N.B.U.,BHAGALPUR.
34.DR. MOHAN MISHRA, S/O LATE DOMAN MISHRA, READER,
DEPARTMENT OF SANSKRIT,T.N.B. COLLEGE,BHAGALPUR.
35. DR. PREM SHANKAR PRASAD SINGH, S/O LATE KAMAL NARAYAN
SINGH, SR. READER,DEPARTMENT OF HISTORY,MARWARI COLLEGE,
BHAGALPUR.
36. DR. KRISHNA CHANDRA JHA, S/O LATE BADRI NARAYAN JHA,
READER,DEPARTMENT        OF    COMMERCE,MARWARI       COLLEGE,
BHAGALPUR.
37. DR. PITAMBAR PATHAK, S/O LATE DR. A.N. PATHAK,
READER,DEPARTMENT        OF     ZOOLOGY,MARWARI       COLLEGE,
BHAGALPUR.
38. DR. GURUDEV PODDAR, S/O SRI SARYUG PODDAR,
READER,DEPARTMENT         OF     ENGLISH,MARWARI      COLLEGE,
BHAGALPUR.
39. AKSHAY KUMAR DUBEY, S/O LATE DWIGENDRA PRASAD DUBEY,
SR. READER, DEPARTMENT OF ENGLISH, MARWARI COLLEGE,
BHAGALPUR.
                      -5-



40. DR. ROUSHAN BEGUM, D/O MD.MAQBOOL HOSSAIN, READER,
DEPARTMENT OF HINDI,MARWARI COLLEGE,BHAGALPUR.
41. MD. EQBAL, S/O LATE SHAHAMAT HUSSAIN, SR.READER,
DEPARTMENT OF ENGLISH, MARWARI COLLEGE,BHAGALPUR.
42. ATMADEO MISHRA, S/O LATE ARBIND NATH MISHRA,
READER,DEPARTMENT OF BOTANY,MARWARI COLLEGE,BHAGALPUR.
43. DR. CHHOTE LAL DAS, S/O LATE SHITAL DAS, READER,
DEPARTMENT OF ZOOLOGY, MARWARI COLLEGE, BHAGALPUR.
44. DR. KRISHNA MURARI SINGH, S/O LATE JAGADISH PRASAD SINGH,
READER,DEPARTMENT OF PHYSICS,MARWARI COLLEGE,BHAGALPUR.
45. DR. RAM KRISHNA CHOUDHARY, S/O LATE DR. A.K. CHOUDHARY,
READER, DEPARTMENT OF L.S.W., MARWARI COLLEGE,BHAGALPUR.
46. DR. UCHIT NARAYAN SINGH, S/O LATE SAUDAGAR PRASAD SINGH,
READER, DEPARTMENT OF COMMERCE, MARWARI COLLEGE,
BHAGALPUR.
47. DR. PUNAM CHAND BADALIA, S/O LATE SRI FUL CHAND BADALIA,
READER,DEPARTMENT OF COMMERCE, MARWARI COLLEGE,
BHAGALPUR.
48. DR. SUHRID DAS, S/O LATE SUBODH RANJAN DAS,
READER,DEPARTMENT OF BANGLA,MARWARI COLLEGE,BHAGALPUR.
49. DR. AFTAB AHMAD, S/O LATE HAJI KHALIL AHMAD,
READER,DEPARTMENT       OF   ZOOLOGY,     MARWARI    COLLEGE,
BHAGALPUR.
50. DR. AKHILESH KUMAR SHRIVASTAVA, S/O LATE GIRJA PRASAD,
READER,DEPARTMENT       OF    BOTANY,     MARWARI    COLLEGE,
BHAGALPUR.
51. VIJOY KANT MISHRA, S/O SRI CHHEDI MISHRA, READER,
DEPARTMENT OF PHYSICS, MARWARI COLLEGE, BHAGALPUR.
52. DR. RITA KUMAR, D/O LATE C.D. TIWARI, READER,DEPARTMENT
OF POL. SCIENCE,MARWARI COLLEGE,BHAGALPUR.
53. DR. KAJAL GHOSH, D/O LATE NARENDRA NATH GHOSH,
READER,DEPARTMENT OF SOCIOLOGY,S.M. COLLEGE,BHAGALPUR.
54. DR. DURGESH NANDANI VERMA, D/O LATE R.N. PRASAD,
READER,DEPARTMENT OF BOTANY,S.M. COLLEGE,BHAGALPUR.
55. DR. RAJ BHUSHAN PRASAD, S/O LATE DAMODAR PRASAD,
READER,DEPARTMENT OF BOTANY,S.M. COLLEGE,BHAGALPUR.
56. DR. NEELIMA PRASAD, D/O DR.SHIVA NANDAN PRASAD,
READER,DEPARTMENT OF HINDI,S.M. COLLEGE,BHAGALPUR.
57. DR. UTPALA GHOSH, D/O LATE S.N. GHOSH, READER,DEPARTMENT
OF ZOOLOGY,S.M. COLLEGE,BHAGALPUR.
58. DR. USHA RANI SINHA, D/O SRI SURENDRA PRASAD,
READER,DEPARTMENT OF SOCIOLOGY,S.M. COLLEGE,BHAGALPUR.
59.MALA      SINHA,  D/O    SRI     BINAY    KRISHNA   SINHA,
READER,DEPARTMENT OF ENGLISH,S.M. COLLEGE,BHAGALPUR.
60. DR. NUSRAT YUNUS, D/O DR. MD. YUNUS, READER, DEPARTMENT
OF ENGLISH,S.M. COLLEGE,BHAGALPUR.
61.DR. MADHULIKA JHA, W/O MR. ARUN KUMAR JHA,
READER,DEPARTMENT OF ENGLISH (PRESENTLY ON LEAVE-
LIEN),S.M. COLLEGE,BHAGALPUR.
                        -6-



62.DR.   MISS    ARUNA     ROY,    D/O   LATE   DR.   S.N.   ROY,
READER,DEPARTMENT         OF    MATHEMATICS,     S.M.   COLLEGE,
BHAGALPUR.
63.MILI GANGULY, D/O P.K. CHATTERJEE, RETD. READER,
DEPARTMENT OF MATHEMATICS, S.M. COLLEGE, BHAGALPUR.
64.ROMA CHATTERJEE, D/O P.K. CHATTERJEE, RETD. READER,
DEPARTMENT OF CHEMISTRY, S.M. COLLEGE,BHAGALPUR.
65. DR. ANITA CHAKRABORTY, D/O LATE B.C. CHAKRABORTY, RETD.
READER, DEPARTMENT OF CHEMISTRY, S.M. COLLEGE,BHAGALPUR.
66. SAROJ KUMARI, D/O LATE BISHNUDEO CHOUDHARY, RETD.
READER, DEPARTMENT OF ECONOMICS,S.M. COLLEGE,BHAGALPUR.
67. SANT LAL BHAGAT, S/O LATE DHORA BHAGAT, RETD. READER,
DEPARTMENT OF ECONOMICS,S.M. COLLEGE,BHAGALPUR.
68. DR. KIRAN KUMARI SINGH @ KIRAN SINGH, D/O LATE MATHURA
KUMAR,         READER,DEPARTMENT         OF     PSYCHOLOGY,S.M.
COLLEGE,BHAGALPUR.
69. PRAMOD CHANDRA JHA, S/O LATE RADHA KRISHNA JHA,
READER,DEPARTMENT OF ZOOLOGY,S.M. COLLEGE,BHAGALPUR.
70. TALAT JAHAN, W/O S. FIROZUDDIN, RETD. READER,DEPARTMENT
OF URDU,S.M. COLLEGE,BHAGALPUR.
71. DR. B.N. SINGH, S/O PROF. T.N. SINGH, READER,DEPARTMENT OF
BOTANY,S.M. COLLEGE,BHAGALPUR.
72. DR. HALEN MARY MICHAEL, D/O MR. M. ANDREWS, READER,
DEPARTMENT OF PHYSICS,S.M. COLLEGE,BHAGALPUR.
73. SHIVANI DAS, D/O LATE S.C. DAS, READER, DEPARTMENT OF
CHEMISTRY,S.M. COLLEGE,BHAGALPUR.
74.RAJ    NANDAN       SINGH,    S/O   LATE    CHULHAI     SINGH,
READER,DEPARTMENT OF PHYSICS,S.M. COLLEGE,BHAGALPUR.
75.DR. SHOBHA SAH, W/O PROF. RAGHUNATH SAH, READER,
DEPARTMENT OF ZOOLOGY,S.M. COLLEGE,BHAGALPUR.
76. DR. USHA SINHA, D/O DR. R. SINHA, READER,DEPARTMENT OF
PHILOSOPHY,S.M. COLLEGE,BHAGALPUR.
77. DR. NAWAL KISHORE GUPTA, S/O DR. AYODHYA PRASAD SAH,
READER,DEPARTMENT OF PHYSICS,S.M. COLLEGE,BHAGALPUR.
78.AKSHAYBAT SINGH, S/O LATE KAILASH SINGH, READER,
DEPARTMENT OF CHEMISTRY,S.M. COLLEGE,BHAGALPUR.
79.DR. RITA SRIVASTAVA, W/O DR. BINAY SHARAN, READER,
DEPARTMENT OF ENGLISH,S.M. COLLEGE,BHAGALPUR.
80. DR. MISS ARCHANA, D/O LATE YOGESHWAR NAND SHARMA,
READER, DEPARTMENT OF PSYCHOLOGY,S.M. COLLEGE,BHAGALPUR.
81.TABASSUM PARWEEN, D/O LATE MD. ZAKRIA, READER,
DEPARTMENT OF ECONOMICS,S.M. COLLEGE,BHAGALPUR.

                             VERSUS

1. THE T.M.BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS
REGISTRAR.
2.THE   VICE   CHANCELLOR,    T.M.BHAGALPUR  UNIVERSITY,
BHAGALPUR.
3.THE    FINANCIAL   ADVISOR,T.M.BHAGALPUR   UNIVERSITY,
BHAGALPUR .
                       -7-



4. THE REGISTRAR, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR.
5. THE FINANCE OFFICER, T.M.BHAGALPUR UNIVERSITY,BHAGALPUR.
6. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY ,
HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF
BIHAR,NEW SECRETARIAT,PATNA.
7.   THE    SECRETARY,    HUMAN    RESOURCES   DEVELOPMENT
DEPARTMENT GOVT. OF BIHAR, NEW SECRETARIAT,PATNA.
8. THE DIRECTOR, HIGHER EDUCATION, HUMAN RESOURCES
DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, NEW SECRETARIAT ,
PATNA.
                             WITH

                    CWJC No.9285 of 2010
1. DR. SUBHASH CHANDRA SINGH S/O LATE DEEP NARAYAN SINGH
READER, DEPARTMENT, OF POL. SCIENCE, P.B.S. COLLEGE, BANKA
2. KAUSHAL KUMAR SINGH S/O LATE BHUDEO PRASAD SINGH
READER, DEPARTMENT OF PHILOSOPHY, P.B.S. COLLEGE, BANKA.

                            VERSUS

1. THE T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS
REGISTRAR
2. THE VICE-CHANCELLOR T.M. BHAGALPUR UNIVERSITY,
BHAGALPUR
3. THE FINANCIAL ADVISOR T.M. BHAGALPUR UNIVERSITY,
BHAGALPUR
4. THE REGISTRAR, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR
5. THE FINANCE OFFICER T.M. BHAGALPUR UNIVERSITY
6. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY
HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF
BIHAR, NEW SECRETARIAT, PATNA
7.   THE    SECRETARY     HUMAN   RESOURCES     DEVELOPMENT
DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA
8. THE DIRECTOR, HIGHER EDUCATION HUMAN RESOURCES
DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW
SECRETARIAT, PATNA
                             WITH

                    CWJC No. 10214 of 2010
1. DR. SATISH KUMAR SINHA, S/O LATE T. P. SINHA, RETD. READER,
DEPARTMENT OF BOTANY, B.N. COLLEGE, PATNA UNIVERSITY,PATNA
PRESENTLY RESIDING AT 901, SHASHI PALACE, NALA ROAD, P.S.
KADAMKUAN, DISTRICT- PATNA.
2. DR. AKHOURY ANANTESHWAR PRASAD, S/O LATE AUKHOURI
HARIHAR PRASAD, RETD. READER, DEPARTMENT OF ZOOLOGY , B.N.
COLLEGE, PATNA UNIVERSITY,PATNA PRESENTLY RESIDING AT 838,
PEOPLE CO-OPERATIVE COLONY, P.S. KANKARBAGH, DISTRICT-
PATNA.
3. DR. PASHUPATI NATH, S/O SHRI S.N. PRASAD, RETD. READER,
DEPARTMENT OF ZOOLOGY, B.N. COLLEGE, PATNA UNIVERSITY,
                       -8-



PATNA PRESENTLY RESIDING AT 339, NEHRU NAGAR, P.S.
PATLIPUTRA, DISTRICT- PATNA.
4. DR. ASHOK KUMAR, S/O LATE RAM KISHORE SHARMA, RETD.
READER,      DEPARTMENT OF ENGLISH , B.N. COLLEGE, PATNA
UNIVERSITY,PATNA PRESENTLY RESIDING AT TELPA KOTHI,
KADAMKUAN, P.S. KADAMKUAN, DISTRICT- PATNA.
5. DR. AJOY KRISHNA KEOLYAR, S/O SHRI BINDESHWARI PRASAD,
RETD. READER, DEPARTMENT OF ZOOLOGY , B.N. COLLEGE, PATNA
UNIVERSITY,PATNA PRESENTLY RESIDING AT D. N. DASS LANE,
LANGARTOLI,P.S. KADAMKUAN,DISTRICT- PATNA.
6. DR. ABDUS SAMI, S/O LATE H.A. BASIR, RETD. READER, POST
GRADUATE DEPARTMENT OF GEOGRAPHY, PATNA UNIVERSITY,
PATNA PRESENTLY RESIDING AT T-12, EMARAT KOHINOOR, 36
GARDANIBAGH, P.O. ANISHABAD, P.S. GARDANIBAGH,DISTRICT-
PATNA.
7. DR. NILIMA RUKHAIYAR, W/O SHRI J.K.P. RUKHAIYAR, RETD.
READER, DEPARTMENT OF ZOOLOGY, MAGADH MAHILLA COLLEGE,
PATNA UNIVERSITY, PATNA PRESENTLY RESIDING AT 406-C,
MILLENNIUM HOMES APARTMENT, BIND TOLI, SHEKHPURA, BAILEY
ROAD, P.S. -SHASTRINAGAR, DISTRICT- PATNA.

                            VERSUS

1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HUMAN RESOURCES DEPARTMENT (HIGHER EDUCATION), GOVT. OF
BIHAR, PATNA
2. THE PATNA UNIVERSITY,THROUGH REGISTRAR, PATNA
UNIVERSITY,PATNA, ASHOK RAJ PATH, PATNA.
3. THE VICE CHANCELLOR, PATNA UNIVERSITY, PATNA, ASHOK RAJ
PATH,PATNA-5.
4. THE REGISTRAR, PATNA UNIVERSITY,ASHOK RAJ PATH, PATNA.
5. THE FINANCE OFFICER, PATNA UNIVERSITY, PATNA, ASHOK RAJ
PATH,PATNA.
                            WITH

                    CWJC No. 6463 of 2010
1. BHAGALPUR UNIVERSITY (SERVICE) TEACHERS ASSOCIATION,
BHAGALPUR THROUGH IT'S GENERAL SECRETARY NAMELY DR.
SHAMBHU PRASAD SINGH, S/O LATE SRI RAMANAND SINGH, R/O
TEACHERS' HOSTEL, ASANANDPUR, QR. NO. 30, P.S.- TATARPUR, TOWN
& DISTT.- BHAGALPUR
2. INDRA KUMAR SINGH S/O LATE RAMDEO SINGH R/O TEACHERS'
HOSTEL, ASANANDPUR, QR. NO. 8, P.S.- TATARPUR, TOWN & DISTT.-
BHAGALPUR
                         VERSUS

1. THE T.M.BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS
REGISTRAR
2.   THE   VICE-CHANCELLOR,  T.M.BHAGALPUR   UNIVERSITY,
BHAGALPUR
                                             -9-



          3. THE FINANCIAL ADVISOR, T.M.BHAGALPUR UNIVERSITY,
          BHAGALPUR
          4. THE REGISTRAR, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR
          5. THE FINANCE OFFICER, T.M.BHAGALPUR UNIVERSITY
          6. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY,
          HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR,
          NEW SECRETARIAT, PATNA
          7.   THE    SECRETARY,    HUMAN    RESOURCES   DEVELOPMENT
          DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA
          8. THE DIRECTOR, HIGHER EDUCATION, HUMAN RESOURCES
          DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT,
          PATNA

                                           -----------

(In C.W.J.C. Nos.18552/09, 10027/10&10214/10)
For the Petitioners : Mr. Rajesh Kumar Singh.
For the Patna University : Mr. Ajay Kr. Sinha.

Mr. S. Eqbal Ahmad.

For the State : Mr. Ravi Shankar, AC to GP-7.

Mr. Nityanand Jha, AC to GP-10.

Mr. Asstt. Counsel to GA-1.

(In C.W.J.C. Nos.8244/10, 9285/10&6433/10)
For the Petitioners : Mr. Purushottam Kr. Jha.

Mr. Sanjay Kumar.

For the respondent University : Mr. Anil Singh.
For the State : Mr. S.P. Tripathy, SC-VII.

Mr. Suresh Kumar AC to SC-VII.

Mr. A. Amanullah, SC-XVII.

Mr. A.K. Prasad, AC to SC XVII.

————-

07 05.07.2010 Counter affidavits and rejoinder thereto have been filed,

with consent of parties, these writ applications are being disposed

of at this stage itself.

These cases amply demonstrate that Universities in

stead of generating academics, generates more litigation uselessly.

In all these cases, the dispute is with regard to pay fixation of

Readers.

It appears that the facts are not in dispute. The question

is in relation to deliberate or otherwise confusion as created by the

– 10 –

University Authorities and the State Auditors. It appears that State

Government took a conscious decision to implement the UGC pay

package in respect of University Teachers, as had been set by

Ministry of Human Resources, Central Government with effect

from 01.01.1996. The Central Government itself had fixed the

date for implementation of the said pay revision.

Consequent to the decision of the State Government to

adopt the said, the Universities set up their Pay Revision

Committees. These are statutory committees, which are to look

into the matter and fix pay-scale accordingly. The three cases deal

with Patna University and the rest three cases deal with T.M.

Bhagalpur University, Bhagalpur.

The facts start from the letter dated 6th November, 1998

of the Government of India in the Department of Human

Resources Development (Department of Education) as addressed

to the Secretary, University Grants Commission, New Delhi with

copies marked to inter alia all Education Secretaries of all the State

Governments. The said letter is Annexure-2 to C.W.J.C. No.

10027 of 2010. The said letter is in respect of revision of pay-

scales of Teachers in Central University following the revision of

pay-scales of Central Government employees on recommendation

of the 5th Central Pay Commission. The relevant part thereof, is

quoted hereunder:-

“……..The fixation of pay of
Lecturers (Selection Grade)/Readers in
the pre-revised scale of Rs.3700-125-

– 11 –

4,950-150-5700/- who were selected
strictly in accordance with the rules and
regulations framed by the UGC and who
were in position as Lecturer, (Selection
Grade)/Readers as on 1.1.1996, will be
made in manner that they get their pay
fixed at the minimum of Rs.14,940/- in
the revised scale of Rs.12,000-420-18,300
as and when they complete five years in
the grade…”

The State Government accepted the said

recommendation and also decided to implement the same also with

effect from 01.01.1996. This would be evident from letter dated

20th July, 2001 of the State Government in the Department of

Higher Education, which is Annexure-1 to the said writ petition.

This letter specifically refers to the letter of the Central

Government dated 06.11.1998, as quoted above. It clearly states

that the pay revision would be effective from 01.01.1996. It

appears that there were some confusions with regard to this

fixation of minimum pay-scale of Rs.14,940/-. The confusion was,

what is the period of five years and when it would start. The

Central Government clarified the same by its letter dated 24th

March, 1999, which is part of Annexure-7 in the said writ petition.

The relevant part whereof is quoted hereunder:-

"...S No.             Point of doubt        Clarification
2.            How the pay of           In case of Readers/Lecturers
              Readers/Lecturers        (Selection Grade) who were
              (Selection Grade)        in position as on 1.1.96 but
              who     were     in      did not have five years of
                   - 12 -



             position   as    on     service in the grade as on
             1.1.96 but did not      1.1.96, the pay may be
             have five years of      stepped up to the stage      of
             service    in   the     14,940 on completion of five
             grade as on 1.1.96      years of service in the grade
             is to be regulated.     if    the     pay    otherwise
                                     admissible in terms of CCS
                                     (RP) Rules, 1997 is less than
                                     the   stage   of    Rs.14,940/-
                                     ......."

It may be noted that this letter was sent to all the

Education Secretaries all over the country as also to the Registrar

of all the Universities in India. In my view, the import of these

provisions are clear and unambiguous and, did not involve any

confusion unless someone wanted to crate one, so did the statutory

Pay Fixation Committee, have no confusions about it. Upon the

matter being referred to the statutory committee, they looked into

the matter wherever they found that the pay fixation, as notified by

the Pay Fixation Committee, would show that they took a

conscious decision in the matter in respect of some of the Readers.

Their pay was fixed at Rs.14,940/- with effect from 01.01.1996

and in respect of several others from different dates in subsequent

years. In respect of Dr. B.K. Pandey of the Department of

Statistics, Patna University, he was granted the minimum pay of

Rs.14,940/- with effect from 15.01.1998 i.e. five years after his

promotion as a Reader with effect from 15.01.1993. A reference

to Annexure-6 to the C.W.J.C. No.10027 of 2010 would show that

another Dr. B.K. Pandey of the Department of Botany, who was

– 13 –

promoted to the post of Reader on 30.07.1987, was granted this

pay with effect from 01.01.1996. Similarly, if we take the case of

Dr. Renuka Shrivastawa of the Department of Philosophy, she was

granted this pay of Rs.14,940/- with effect from 03.03.2000,

because her date of promotion was reckoned on 03.03.1995. Thus,

it would be seen that the Pay Fixation Committee read the circular

plainly and without ifs and buts. It considered that the pay had to

be stepped up to Rs.14,940/- upon a persons completing five years

as a Reader. In plain and simple word, if five years were

completed prior to 01.01.1996, as on 01.01.1996 his minimum pay

would be Rs.14,940/-. If on 01.01.1996 he had not completed five

years, upon completion of five years from the date of promotion,

he would get the minimum pay. This is the fact as evident from

the clarification given by the Central Government, as noted above.

But, someone in the State and in the University suddenly got a

brilliant brain wave to generate litigation. The stand is that when

the State Government adopted the pay revision recommendation, it

so adopted from 01.01.1996 and, that being so, everything would

come to light only after 01.01.1996, as if the date was chosen by

the State Government on its own. I feel sorry for the time wasted

because of this wasteful stand. Firstly, 01.01.1996 is not a date

chosen by the State, it was the date chosen by the Central

Government itself. State decided to adopt the entire package

commonly referred to the UGC Package and the date has

accordingly come upon the State. The ultimate decision was taken

by the State in the year 2001, but was made effective co-terminus

– 14 –

with the Central Government on 01.01.1996. Thus, 01.01.1996 is

not a magic figure invented by the State.

Now, coming to the stand of the University and the

State and foremost the State Auditors. They say that the packages

to be implemented from 01.01.1996 and, five years have to be

completed from 01.01.1996 and, thus, in their view no person can

get this minimum pay-scale of Rs.14,940/- prior to 01.01.2001,

absurdity at large on the face of it. I am sure that the clarification

issued by the Central Government was also received in the State

and the Universities. If at all, there was any confusion earlier, the

confusions are stood remedied. In one of the counter affidavits

reference has been made to another letter of the Central

Government being letter dated 18.10.2002, this is the Annexure-3

in C.W.J.C. No.8244 of 2010. The relevant paragraph of

Annexure-3 is quoted hereunder:-

“……The fixation of the pay of
the Lecturer (Selection Grade)/Readers
under the MPS in the pre-revised scale of
Rs.3000-5000 who were selected strictly
in accordance with the rules and
regulations framed by the UGC and who
were in position as Lecturer (Selection
Grade)/Readers as on 1.1.96, will be
made in a manner that they get their pay
fixed at the minimum of Rs.14940/- in the
revised scale of Rs.12000-420-18300 as
and when they complete 5 years in the
grade/scale of Rs.12000-18300.”
Here, someone again has picked up a third but great

– 15 –

confusion. If one refers to above quoted paragraph in the last line

it is written “they complete 5 years in the grade/scale of Rs.12000-

18300”. It is absolutely clear, if one reads the above portion of the

same paragraph and earlier clarifications and the original letter, all

they mean to say is, when they have completed five years in the

grade, the scale referred is the revised pay-scale and does not

create any confusion, if one does not want to be confused.

Thus, looking at all these clarifications, it is clear that

the Pay Revision Committee was correct. It was a statutory

committee. The State Auditors could not have sat over its

decision. If it had any reservation about it, it was open to the

Auditors to make a reference to the Pay Revision Committee and

only after the Pay Revision Committee, which has been repeatedly

held to be a statutory body, met, discussed and decided, could the

same be implemented for its simple principle of law that a

statutory notification issued by a statutory body can only be altered

by the statutory authority by issuance of a statutory notification

and not by mere Auditors’ objection or State Government

directives? Thus, merely on basis of audit objection neither State

could direct the Universities nor the Universities could act

thereupon, much less, to the detriment of the petitioners.

In my view, there being no confusion in the matter,

except the confusion in the minds of the State Auditors, which was

unfounded and baseless. The entire controversy generated and

hoards of Lecturers being troubled with reduction of pay and

recovery of money from them is a wasteful exercise. Fixation of

– 16 –

pay by the Pay Revision Committee, as notified, is originally

correct and no correction is needed. The payments made in

accordance therewith are correct and no recovery is called for.

In that view of the matter, all the writ petitions are

allowed and Universities are restrained from interfering with the

pay-scales, as fixed by the Pay Revision Committee, in any

manner and wherever payments have been withheld on this count,

within fortnight from today, payments will be made.

Trivedi                   (Navaniti Prasad Singh, J.)
 

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