GURU SHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties on-line because of COVID-19 Pandemic restrictions.

(2.) The petitioner is seeking a direction to fix his pay and pensionary benefits on the basis of provisional pay fixation done by the respondent University in pursuance of University Memo No. 445/R and 446/R dtd. 24/1/2017. It is the petitioner's case that he was appointed as Storekeeper in the Department of Chemistry in Raj Narain College, Hajipur, by the governing body of the College on 20/7/1979 against a vacant post after following due process of selection and pursuant thereto he had submitted his joining on the said date itself.

(3.) It has also been stated that the petitioner held the qualification of Bachelor of Science as on the date of his appointment. The petitioner's service was regularized by the University by Memo No. B/2499 dtd. 5/4/1986 with effect from 25/3/1986. It has further been stated that the petitioner's service was confirmed by the University on 22/9/2017. It is the petitioner's case that pay scale of Rs.5500.009000 is admissible for the post of Storekeeper of a College, which post is to be treated to be equivalent to Assistant of Colleges and the University. Relying on a decision of the Supreme Court in case of State of Bihar and Another vs. Sunny Prakash and Others, reported in (2013) 3 SCC 559, the petitioner claims fixation of his pay, grant of Assured Career Progression and fixation of his post retiral benefits accordingly.