GOPALJEE SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for issuance of a writ of or in the nature of mandamus commanding upon the respondents to pay his post retiral benefits including the balance amount of gratuity, deferred DA, interim relief payable to him prior to enforcement of the revised UGC scale, benefit of th new UGC Scale, including fixation of nay and arrears w.e.f. 1 -1 -1986, that is, in the scale of pay of Rs. 4500 to Rs. 7300 and the scale of pay of Rs. 1500. -2500 for the period 1 -3 -1985 to 31 -12 -1985, D. A. including additional D. A, ad hoc D. A. and new D. A., leave encashment according to new U. G. C. scale and dues of house rent allowance for the period from 1 -4 -1985 to 28 -2 -1987. It has further been prayed that respondent Nos. 1 and 2 be directed to give unto the petitioner the aforementioned benefits directly upon adjustment of the same from the funds which;s to be given by them to respondent Nos. 5 and 6.

(2.) THE basic fact of the matter is not at all in dispute. The petitioner was appointed as a Lecturer in the Department of Botany by the governing body of St. Xaviers College, Ranchi, which is a minority institution and received financial aid from the Government. The University Grants Commission (in short to be stated as UGC) also gives aid directly to the aforementioned institution, but not for payment of salary to the staff. The siad college is, therefore, a fully deficit grant college. The petitioner upon attaining the age of 62 years, retired from the service of said college on 31 -10 -1988.

(3.) THE petitioner has contended that in view of the resolution dated 19 -1 -1976 which is contained in Annexure -1 to the writ application, a Professor of a Degree College is equal in rank to the Reader of the University. The petitioner was promoted to the post of College Professor in the year 1977. In 1977, the scale of lecturer was Rs. 700 to Rs. 1600 and that of the college professor was Rs. 1200 to 1900.