MAHENDRA NATH TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Instant writ petition has been filed for issuance of direction upon the respondents for fixation of University Grant Commission (UGC) Pay-Scale w.e.f. 01.01.1996 and 01.01.2006 under the pay-scale of Rs. 14940-18300, taking into account the fact that the pay-scale of the petitioner had already been fixed at Rs. 12,420/- on 01.01.1996 by the B.R. Ambedkar Bihar University Muzaffarpur. Further prayer has also been made that after fixation of the aforesaid pay-scale, the arrear amount with interest may also be released to the petitioner.

(3.) The case of the petitioner in short is that vide appointment letter dated 210.1982, he was initially appointed as Lecturer under the Lalit Narayan Mithila University in the pay-scale of Rs. 700-1600 and was posted at A.P.S.M. College, Barauni. The confirmation of services of the petitioner was also made effective from 11.11.1982 vide notification dated 207.1997 issued under the signature of Registrar of L.N. Mishra University. Thereafter, vide Notification dated 19.04.1995, the petitioner was transferred from L.N. Mishra University to B.R.A. Bihar University, Muzaffarpur. Subsequently, on completion of continuous service on the post of Lecturer, the petitioner was promoted to the post of Reader in the Department of Economics w.e.f. 11.11.1992, vide notification dated 12.08.2000. Again, on the request of the petitioner, he was transferred from B.R.A. Bihar University to Ranchi University vide notification dated 10.11.2000 and vide notification dated 28.02.2001 the petitioner was posted in B.V. Farikh College, Jamshedpur. It is the further case of the petitioner that in compliance of the office order dated 10.02.2012, the pay of the petitioner has been fixed at Rs12,420/ w.e.f. 01.01.1996 and on completion of 5 years' service as Reader, his pay has been fixed at Rs. 14,940/- and on 10.11.2000 i.e. the date on which the petitioner was transferred from B.R.A. College, Hajipur to Ranchi University, his pay was fixed at Rs. 16,200/-. It is the further case of the petitioner that on his request, the Chancellor of the Universities has been pleased to transfer the petitioner from Bihar to Jharkhand without break in service and as such, the same cannot be an issue for denying the payment of legitimate salary to the petitioner for which he is entitled for. It is the specific case of the petitioner that vide his representation dated 07.02014 addressed to the Vice Chancellor of the Kolhan University and subsequently, to the Principal Secretary of the Human Resources Department, he has requested to consider his case for refixation of his pay in view of U.G.C. pay-scale w.e.f. 01.01.1996 and 01.01.2006 but even then, the respondents have not passed any orders on his representation. Hence, the petitioner has knocked the door of this Hon'ble Court for redressal of his grievances.