IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6649 of 2006 DR.DILIP KUMAR, S/O LATE VISHWANATH PRASAD JAIPURIAR, BLOCK NO. 4, FLAT NO. 49, NEAR VAISHALI CINEMA, RAJENDRA NAGAR, PATNA-16. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY OF THE DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE SECRETARY OF THE DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR OF HIGHER EDUCATION, GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY DIRECTOR IN THE DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF BIHAR, PATNA. 6. THE PATNA UNIVERSITY THROUGH ITS VICE- CHANCELLOR, PATNA. 7. THE VICE-CHANCELLOR, PATNA UNIVERSITY, PATNA. 8. THE PRO VICE-CHANCELLOR, PATNA UNIVERSITY, PATNA. 9. THE REGISTRAR, PATNA UNIVERSITY, PATNA. 10. THE HEAD OF THE DEPARTMENT OF ANCIENT INDIAN HISTORY AND ARCHAEOLOGY. ……………RESPONDENTS. ----------- 2 19.11.2009 With the consent of the parties, the writ application is being disposed of finally with the following orders:- Initially the claim of the petitioner was to treat him as Lecturer and grant him revised pay scale of the post, as the respondent had already decided that the post of Curator, which post petitioner was holding, was to be treated as teaching post. During the pendency of this writ application, the respondents have considered the 2 case of the petitioner and have granted him the status of Lecturer. However, the pay scale of the Lecturer has been granted to the petitioner from the date of decision of the Syndicate. Now the grievance of the petitioner is that the pay scale of the post of Lecturer should have been granted to him from the date of decision of the Academic Council itself. Petitioner raises further grievance that in the grant of pay scale and calculation of his arrears the calculations have not been made correctly. Learned senior counsel for the petitioner also submits that the pay scale of the post of Curator, during the period petitioner was functioning as Curator is also to be recalculated and correctly fixed and arrears is required to be paid to him on that basis. Now that the issues have became limited, the petitioner is directed to file a detailed representation, raising his claims pointwise, before the Vice-Chancellor of the University within one month from today. In case such a representation is filed the Vice- Chancellor shall consider the claims as raised, pointwise, and take a decision accordingly. 3 The Vice-Chancellor, if necessary, will refer the matter to the Pay Fixation Committee of the University and shall get it decided from there. Thereafter, a final order shall be passed in respect of each and every claim of petitioner by the Vice-Chancellor within three months from the date of filing of the representation. In respect of the claims of petitioner, which are accepted, consequential orders for payment of arrears shall also be passed within that very period. In case, any of the claims of the petitioner is not found acceptable, a reasoned order shall be passed in that respect and communicated to the petitioner within that period itself. It goes without saying that any material which may be produced by the petitioner along with the representation shall be taken into account for coming to a final decision. With above observations and directions, this writ application is disposed of. Arvind/ ( J. N. Singh, J.)