KEDAR NATH PANDEY Vs. THE MAGADH UNIVERSITY

JUDGEMENT

(1.) The six petitioners, who are all Readers in different Colleges under Magadh University, have been hit by a unilateral decision taken by the Pay Verification Cell constituted by the Education Department, Government of Bihar in terms of Annexure-8 series. The impugned decision has the effect of shifting the date of their absorption in service after many many years. This will not only affect their pay fixation etc. but will also have the effect of taking away the benefit of promotion granted on the basis of the earlier date of absorption in service. The decision contained in Annexure-8 series according to the petitioners are unilateral without any opportunity of hearing or notice as well as being beyond powers of the Pay Verification Cell and in total derogation of the provisions of the Bihar Universities Act.

(2.) Interlocutory Application has been filed subsequently, which was numbered as 8646 of 2014. This IA also challenges the constitution and validity of the Pay Verification Cell constituted by the State Government on many a grounds including the fact whether the same are in the teeth of Section 4(1)(14) of the Bihar Universities Act. The above IA is allowed.

(3.) The common plea taken in the writ application is that between the year 1980 and 1984 petitioners were appointed as Lecturers in different subjects in three different affiliated Colleges under the Magadh University. The details of their appointment and engagement have been provided in paragraph 4 of the writ application. In support thereof the appointment letters have also been annexed as Annexures 1 and 2 series.