RAKESH KUMAR SRIVASTAVA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) CLAIM of the petitioner for arrears or difference of salary relates to the period 20.11.1982 to 31.12.1995. This is in relation to the post of Demonstrator which the petitioner had held at the relevant time and is based on the notification of the University, contained in Annexure -5, giving recognition to the service of the petitioner as a Demonstrator on regular basis.

(2.) IT is the stand of the petitioner that during that period, even after takeover ad -hoc and inconsistent payment used to be made by the University and the petitioner never got payment as per the pay -scale on the post of Demonstrator. The claim of the petitioner was verified by the audit team, in Annexure -10, and the entitlement has been worked out and recommended, which would be evident from perusal of Annexure -10. Despite the above position, the respondent authorities failed to act and pay the rightful due to the petitioner and, therefore, the writ application.

(3.) THE counter affidavit, therefore, is required to be ignored. A direction is issued upon the University that on the verification of the calculation of the audit team, contained in Annexure -10, they have an obligation to make payment to the petitioner of the arrears so calculated and worked out.