MOHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is aggrieved by the act of the respondent University in reducing his pension and also directing for recovery on the ground that he was not entitled to the pay scale of Rs. 6500-200-10500.00.

(3.) Learned counsel for the petitioner submits that he was initially appointed as Assistant Librarian and thereafter to the post of College Librarian and in 1982 the State Government fixed the pay scale of the post as Rs. 680-965.00. Thereafter, in the year 1985, the Lalit Narayan Mithila University appointed the petitioner as College Librarian on which post he worked till his superannuation on 28.02.2003. It is submitted that earlier when the petitioner had moved the Court for payment of his retiral benefits, the same was disposed off with certain directions and when those directions were not complied with, the petitioner filed a petition for initiating contempt proceeding and thereafter the respondents have come out with a case that the petitioner was not entitled to the scale of Rs. 6500-200-10500.00 and thus having received excess payment, recovery was directed from him. It is submitted that from the materials on record, it is apparent that neither the University nor the State at any point of time raised any objection either with regard to the qualification or eligibility of the petitioner to hold the post of College Librarian or with regard to the pay scale which has been granted to him. It is submitted that the qualification, as prescribed in the relevant statute of the year 1986, cannot be made applicable retrospectively in case of the petitioner with regard to qualification since Clause-3 of the said statute carves out a separate category for persons who were holding the post and appointed on the same on the basis of the qualification prescribed before coming into effect of the said statute. Learned counsel submits that the stand both of the State as well as of the University in treating the petitioner to be not qualified and eligible to the post of College Librarian, in the aforesaid background, is not tenable.