IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4271 of 2007 DR.NAHEED AHMAD D/O Mr. Justice S. Ali Ahmad, resident of House No.321, Road No.3H, New Patliputra Colony, P.S. Patliputra, District-Patna, presently Senior Lecturer, P.G. Department of Botany, Patna University, Patna. Versus 1.THE CHANCELLOR,UNIVERSITIES OF Bihar, Patna. 2.The State of Bihar through, the Commissioner-Cum- Secretary, Department of Higher Education, Government of Bihar, Patna. 3.The Commissioner-Cum-Secretary, Department of Finance, Government of Bihar, Patna. 4.The Director, Higher Education, Government of Bihar, Patna. 5.The Patna University through Registrar, Patna. 6.The Vice-Chancellor, Patna University, Patna. 7.The Registrar, Patna University, Patna. 8.The University Grants Commission, through its Secretary, Bahadur Shah Zafar Marg, New Delhi. ----------- 2 05.07.2010 Heard Mr. Chitranjan Sinha, learned senior counsel appearing on behalf of the petitioner assisted by Mr. N.A. Shamsi & learned counsel for the State as also the learned counsel for the Patna University. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of a writ in the nature of mandamus commanding and directing the respondents to pay the petitioner revised University Grants Commission pay scale from 01.01.1997 to 31.12.2001 to the tune of Rs.3,65,092/- (i.e. Three lacs sixty five thousands and ninety two only) and also to pay the statutory interest over all due amount till the date of actual payment and further for issuance of any other consequential writ (s), order(s) or direction(s) to which the petitioner may be found eligible and entitled to and which may also seem just, reasonable and equitable to safeguard the rights and interests of the petitioner in view of the facts and circumstances mentioned hereunder.” Learned counsel for the petitioner would submit that 2 such claim of the petitioner for grant of arrears of U.G.C. pay scale as announced, accepted and implemented by the Government is payable to the petitioner, inasmuch as, her counter part in the University have already been paid such amount and for that purpose he has referred to order of this Court dated 25.5.2006 in C.W.J.C. No.814 of 2003 (Ravindra Kumar & Ors Vs. The Chancellor, Universities of Bihar, Patna & Ors) and order of this Court dated 2.2.2006 disposing of four writ petitions by a common order, C.W.J.C. No.2380 of 2005 (Randhir Kumar Singh & Ors Vs. State of Bihar & Ors.), C.W.J.C. 8237 of 2002 (Shatrughna Sharan Singh & Ors Vs. The Chancellor of Universities, Bihar & Ors.), C.W.J.C. No.3731 of 2004 (Shatrughna Sharan Singh Vs. The Chancellor, Universities of Bihar, Patna & Ors.) and C.W.J.C. No.6442 of 2004 (Samir Kumar Sharma Vs. The Vice Chancellor, Patna University & Ors.). He has also relied on the order of this Court dated 1.4.2010 in M.J.C. No.572 of 2008 (Dr. Basabi Mahapatra & Ors Vs. The State of Bihar & Ors.) showing compliance of an order of this Court by making full payment of arrears of U.G.C. pay scale to some similarly situated teachers of Patna University. Counsel for the State, as usual, has not filed counter affidavit. He would however take an oral stand by referring the order dated 1.4.2010 of this Court in M.J.C. No. 572/2008 by taking a plea that the liability of payment to similarly situated persons being of the Patna University, the direction of this Court 3 for making payment of arrears of U.G.C. pay scale was complied by Patna University and the State Govt. therefore has no role to play in such payment. Counsel for the University has filed a counter affidavit wherein claim of the petitioner is admitted and in fact only plea for non payment of such amount of arrears of U.G.C. pay scale to her has been described to be non-availability of the funds. In fact the counter affidavit refers to a requisition made by the University to the Education Commissioner in its letter dated 10.7.2007 (Annexure-A), seeking release of fund exclusively for the petitioner. In the opinion of this Court such requisition of fund by the University from the State is sine qua non in all such cases inasmuch as the University has to invariably depend on the grant released by the State Government from time to time for payment of salary of teachers of the University. Here in this case when the University has admitted the claim of the petitioner, its payment cannot be denied payment only on the ground of non availability of funds, specially when a large number of teachers of Patna University, as noted above, have been paid their such amount of U.G.C. pay scale on the basis of orders of this Court. This Court again had passed such orders only because such arrears were admissible and payable to them. Counsel for the State who has not filed any counter affidavit is just not aware with regard to reasons of non payment 4 of amount to the petitioner. He would only take his defence that as the University’s stand with regard to the requisition of fund for making payment to the petitioner was not known to him because the University has not served a copy of its counter affidavit. Such plea in defence of the State is absolutely meaningless because the State despite being made a party to this writ petition has not chosen to file its counter affidavit till date. The State had to take a clear stand before this Court by stating as to whether claim of the petitioner to grant U.G.C. pay scale was ever contested on the ground of its non admissibility. That having been not done, the plea of the State of shifting the liability and blame on the University must be and is hereby rejected. Since the University has made payment of a large number of teachers as referred to in the aforesaid submission of learned counsel for the petitioner this Court would direct the University to pay the admitted amount of arrears of UGC pay scale to the petitioner within three months from today without awaiting release of funds individually for the petitioner. Since the amount has to be reimbursed by the State, this Court would also direct the respondent-Commissioner of the Education Department to respond immediately to the requisition made in the case of the petitioner vide Annexure-A to the counter affidavit. It is also directed that the State will also release the necessary fund to the University, which would be paid by the University to the petitioner, within a period of three months from today. 5 It will be however open for the University to reexamine the claim of the petitioner and make payment only of such amount on the head of arrears of UGC pay scale which has been paid to other teachers of the University. Such payment, however, must be made to the petitioner positively within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations/directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)