IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4989 of 2009 Ram Kailash Singh, son of late Ram Lakhan Singh, resident of village Narkatia, P.O. Babhanhgama, P.S. Majorganj, District Sitamarhi … Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of Higher Education, Bihar, Patna 2. The Vice Chancellor, Babasaheb Bhim Rao Ambedkar Bihar University, Muzaffarpur 3. The Registrar, BRA Bihar University, Muzaffarpur 4. The Deputy Registrar, BRA Bihar University, Muzaffarpur 5. The Finance Officer, BRA Bihar University, Muzaffarpur 6. The Principal, S.R.K. Goenka College, Sitamarhi … Respondents ---------------------------------- 6. 15.11.2011 Heard counsel for the parties. The petitioner has a grievance as with regard to his pay fixation with effect from 1.4.1981 and in fact the prayer of the petitioner in this regard reads as follows: “That this is an application for issuance of a writ in the nature of mandamus for directions to respondent authorities to revise and fix the salary of petitioner in the pay scale 785-1210 w.e.f. 1.4.1981, 2000-3800 w.e.f. 1.1.1986 and 6500-10500 w.e.f. 1.1.1996 in pursuant to Government letter 1424 dated 6.10.1986, letter no. 841 dated 13.4.1991 and memo no. 1972 dated 12.10.2004 respectively and to grant consequential monetary benefits and for any other relief or reliefs as may be found fit and proper in the facts and circumstances of the case.” Learned counsel for the petitioner would submit that the petitioner had entered in service in 1965 and was promoted as an Assistant Librarian on 28.7.1981 when he was also given pay scale of Rs. 260-408. He has also submitted that the petitioner continued in service till 31.1.2002 but was never given the suitable replacement pay scale and in fact had to superannuate in the pay 2 scale of Rs. 1640-2900. Counsel for the University, on the other hand, would submit that the petitioner was never holding a qualification in the subject of Library Science and as such, he was not entitled to get the pay scale of Librarian which actually had been prayed by him in paragraph 1 of the writ application. In the considered opinion of this Court it is not in doubt that the petitioner’s appointment was made in the year 1965 in an affiliated College and he came to be assigned with the post of Librarian only in the year 1981. Once the petitioner, therefore, was promoted on a post of Assistant Librarian and even did not possess the requisite qualification, he had to be given the pay scale as provided by the State Government. From the Government Resolution dated 12.10.2004 it becomes clear that the pay scale being implemented from 1.1.1996 had clearly mentioned that for the post of Assistant Librarian a person must be having Diploma in Library Science in which even he will be entitled for the pay scale of Rs. 4500-7000 but if he does not hold such a qualification he would be entitled to pay scale of Rs. 3050-4590. Counsel for the petitioner would submit that even this was not done in the case of the petitioner and he has not been given any benefit of pay fixation on the post of Assistant Librarian as per the Government order. In the considered opinion of this Court while the prayer of the petitioner for refixation from 1.4.1981 to 1.1.1996 is definitely over delayed suffering from gross laches and delay, his prayer for payment of revised salary in the pay scale as provided in 3 the Government Resolution dated 12.10.2004 definitely needs to be reconsidered and therefore, the respondents University and its officials are hereby directed to examine the grievance of the petitioner only for payment of his salary with effect from 1.1.1996 in the revised pay scale of Assistant Librarian. If the authorities would find that the petitioner did not possess the requisite qualification of being Diploma holder in Library Science they would grant the petitioner the pay scale of Rs. 3050-4590 with effect from 1.1.1996 as contemplated in the order of the State Government dated 12.10.2004. The petitioner will also be entitled for difference of salary for the period 1.1.1996 onwards in the revised pay scale of Rs. 3050-4590 provided the petitioner has not already been paid such salary in the aforementioned pay scale. In order to expedite the matter this Court would give liberty to the petitioner to file a self contained representation enclosing the proof of his qualification and the higher pay scale as claimed by him for the period 1.1.1996 onwards. Once such a representation is filed by the petitioner addressed to the Registrar of the University, the same shall be disposed of by a speaking order within a period of six months from the date of filing of such representation by the petitioner. Consequential financial benefit, if any, also must be given to the petitioner in next one month. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/ 4