IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7874 of 1997 1.DR.YOGNATH JHA s/o Pt. Sri Sita Ram Jha, resident of village Sarisab Pahi, P.S. Pandaul, District Madhubani. 2.Deochandra Jha, s/o Late Gunanand Jha resident of Village Sohrai, P.S. Pandaul, District Madhubani. 3.Raha Kant Mishra, s/o Late Bishwa Bihari Mishra, resident of village Samari Mahisotha, P.S. Nanpur, District Sitamarhi. 4.Birendra Nath Thakur, s/o Sri Mahendra Nath Thakur Resident of village Bhawanipur via, Durgaganj, P.S. and District Purnea. Versus 1.THE STATE OF BIHAR through Commissioner Cum Secretary, Human Resources Department, Govt. of Bihar, Patna. 2.The Director (Higher Education), Human Resources Department, govt. of Bihar, Patna. 3.The Special Secretary, department of Human Resources, Govt. of Bihar, Patna. 4.The Additional Secretary, Department of Human Resources, Govt. of Bihar, Patna. 5.The Finance Commissioner, Finance Department, Govt. of Bihar, Patna. 6.Lalit Narayan Mithila University, through its Registrar, Kameshwar Nagar, Darbhanga. 7.The Vice Chancellor, L.N.M. University, Kameshwar Nagar, Darbhanga. 8.The Registrar, L.N. Mithila University, Darbhanga. with CWJC No.7929 of 1997 1.INDRA MOHAN JHA S/o Late Madhu Kant Jha, Resident of village Bhawanipur, P.S. Pandaul, District Madhubani. 2.Dr. Abinash Jha, s/o Sri T.K.Jha, resident of Lalbagh, P.S. & District Darbhanga. Versus 1.THE STATE OF BIHAR through Commissioner cum Secretary, Human Resources Department, Govt. of Bihar, Patna. 2.The Director (Higher Education), Human Resources Department, Govt. of Bihar, Patna. 3.The Special Secretary, Department of Human Resources, Govt. of Bihar, Patna. 4.The Additional Secretary, Department of Human Resources, Govt. of Bihar, Patna. 5.The Finance Commissioner, Finance Department, Govt. of Bihar, Patna. 6.Lalit Narayan Mithila University, through its Registrar, Kameshwar Nagar, Darbhanga. 7.The Vice Chancellor, L.N.M. University, Kameshwar Nagar, Darbhanga. 8.The Registrar, L.N. Mithila University, Darbhanga. ----------- 2 5 20.7.2010 Heard Mr. Anil Kumar Jha, learned counsel for the petitioners. No one appears for L.N. Mithila University. Counsel for the State is present. Prayer of the petitioners in both the writ petitions is almost similar and identical which are quoted hereinbelow. In C.W.J.C. No.7874 of 1997, prayer of the petitioner reads as follows: “(A)A writ of mandamus commanding the Respondents state authorities and directing them to give approval to the supplement corrected budget of the year 1996-97 in the matter of pay- fixation details of the petitioners forwarded by the Registrar, L.N. Mithila University (for short „L.N.M.U.) to the Director, Higher Education, Human Resources Department, Bihar Patna and communicated vide letter no.14193/96 dated 24.9.1996 and grant pay scale of Rs.1640-2900 (Revised) to petitioners forthwith with effect from 1.1.1986. (B)A writ of mandamus commanding the respondent University- authorities and directing them to grant the petitioners the revised pay scale 5th pay of Rs.1640-2900 being the corresponding/ replacement scale of rs.850-1360 (4th pay) of the petitioners, in the same and similar manner the respondent-University implemented the corresponding scale of Rs.1640-2900 to lower Division Asstt. Who were also in the same pay scale of Rs.850-1360 like the petitioners and in view of the agreement made between the non teaching staffs that is between the L.N. Mithila University non-teaching employees Association and the University regarding implementation of same and similar scale of pay of sorters equal to that of lower Division Asstt. And in view of the acceptance of the revised pay fixation by University concerned and as communicated to Govt. vide letter dated 24.9.1996 as stated above. (C)A writ/ direction to respondent University Authorities not to adopt discriminatory attitude and pay forthwith the arrears of salaries (Revised pay scale of Rs.1640-2900) with effect from 1.1.1986 to petitioners, forthwith in the same and similar manner the said revised (5th pay) has been paid to similarly situated non-teaching University Employees like the Lower Division Asstt. And others, and the fixation benefit vide Annexure-7 which is due till date. 3 (D)A writ to respondents to pay the arrears of salaries to petitioners after implementation of the revised pay scale with 18% interest till the realization of the said arrears.” In C.W.J.C. No.7929 of 1997 prayer of the petitioner reads as follows:- “(A)A writ of mandamus commanding the Respondents State authorities and directing them to give approval to the supplement corrected budget of the year 1996-97 in the matter of pay fixation details of the petitioners forwarded by the Registrar, L.N. Mithila University (for short „L.N.M.U.) to the Director, Higher Education Human Resources Department, Bihar, Patna and communicated vide letter no.14193/96 dated 24.9.1996 and grant pay scale of Rs.1640-2900, further 1800-3330 (Revised) to petitioners forthwith w.e.f. 1.1.86. (B)A writ of mandamus commanding the respondent University authorities and directing them to grant the petitioners the revised pay scale (5th Pay) of Rs.1640-2900 and 1800-3330 being the corresponding/ replacement scale of Rs.880-1510 (4th pay) of the petitioners, in the same and similar manner the respondent University implemented the corresponding scale of Rs.1640-2900 or 1800-3330 to Lower Division Assistant and Upper Division assistant who were also in the same pay scale of Rs.850-1360 and 880-1510 respectively like the petitioners and in view of the agreement made between the non teaching staffs that is between the L.N. Mithila University non teaching employees Association and the University regarding implementation of same and similar scale of pay of Libray Employees equal to that of Upper Division Assistant and Lower Division Assistant and in view of the acceptance of the revised pay fixation by University concerned and as communicated to Govt. vide letter dated 24.9.1996 as stated above. ©A writ/ direction to respondent University Authorities not to adopt discriminatory attitude and pay forthwith the arrears of salaries (Revised pay scale of Rs.1640-2900 or 1800-3330) with effect from 1.4.1986 to petitioners, forthwith in the same and similar manner the said revised (5th pay) has been paid to similarly situated non teaching University Employees like Upper Division Assistant and Lower Division Assistant and others. (D)A writ to respondents to pay the 4 arrears of salaries to petitioners after implementation of the revised pay scale with 18% interest till the realization of the said arrears.” Mr. Anil Kumar Jha, learned counsel for the petitioners, in fact, would submit that the facts in both the cases are identical and only difference is that the petitioners of C.W.J.C. No. 7929 of 1997 are sorters and petitioners of C.W.J.C. No.7874 of 1997 are Assistant Librarian. He would also explain that once the petitioners in both the case were given replacement pay scale of Rs.1640-2900 in lieu of their earlier pay scale of Rs.850-1360/-, it was not open for the University to reduce their such pay scale to Rs.1320-2040/-. Therefore, highlighting the aforesaid grievance of the petitioners Mr. Jha submits that they should be given the pay scale of Rs.1640-2900/- and in this regard he has also relied on an order of this Court dated 22.10.1997 in C.W.J.C. No.11866 of 1996, wherein a case of Care-taker of the same University the Respondents were directed to reconsider the issue of for grant of replacement pay scale of Rs.850-1360 by way of Rs.1640-2900/-. Counsel for the State however with reference to the statement made in paragraph 5 of the counter affidavit filed by the University in C.W.J.C. No.7874 of 1997 would submit that it is not open for the University to decide the issue of revision of pay scale, rather this job has to be done exclusively by the State Government which has to prescribe the revised pay scale for its being enforced and implemented by the University. In the opinion of this Court the reliance placed on 5 paragraph 5 of the counter affidavit by the Counsel for the Respondents is correct which reads as follows:-: “As per section 35 (i) „Kha (ii) of the Bihar Statd. Universities Act, 1976 (amended upto date) it is the State Government alone which is empowered to grant revised pay scale for any post. The State Government vide letter no.841 dt. 13.4.91 has prescribed the pay scale of Rs.1320-2040 for Sorters of the University. Therefore, the pay scale of Rs.1640-2900 can not be granted to the petitioners as it has not been prescribed by the State Government for Sorters. Thus the action/ stand of the respondent University is legal, valid and in accordance with the University Act, 1976.” There is no denial by the petitioners to the aforementioned facts that the State Government by letter no.841 dated 13.4.91 had fixed the pay scale of sorter at Rs.1320-2040 in place of earlier pay scale of Rs.850-1360/- and therefore the University on its own could not have granted them their desired pay scale of Rs.1640-2900/-. Counsel for the petitioner however has referred to some agreement between the University and the Employees Union, and is desirous of reconsideration of the case of the petitioner in view of an order of this Court in the case of Nand Kishore Singh (Supra), While this Court would express no opinion on such claim of the petitioners and leave them to re-agitate the matter before the University which would only go to decide the question of admissibility of pay scale and grant thereof to the petitioners strictly in accordance with one which has been prescribed by the State Government after taking into consideration the ratio of the 6 case of Nand Kishore Singh (Supra). It is however made clear that any financial liability beyond the pay scale prescribed by the State Government will be incurred only with the prior approval of the State Government. In order to expedite the matter, the petitioners are given liberty to file a representation along with documents and a copy of this order and upon receipt of such representation of the petitioners the University shall dispose of the same with prior approval of State Government within a period of six months from the date of its receipt. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)