IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13895 of 2005 ARBIND KUMAR SINGH, S/O LATE RAM SAGAR SINGH, R/O MOHALLA-CHANAKYA NAGAR, P.O.-MIRZAPUR BANDWAR, P.S.-BEGUSARAI, DISTRICT-BEGUSARAI, PRESENTLY POSTED AS A READER AND HEAD OF THE DEPARTMENT OF PHYSICS IN D.B.N.K. COLLEGE, NARHAN, DISTRICT- SAMASTIPUR, A CONSTITUENT UNIT OF LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANA. ………………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA. 2. THE VICE-CHANCELLOR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 3. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 4. THE FINANCE OFFICER, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. …………………RESPONDENTS. ----------- 3 13.08.2009 This writ application has been filed by the petitioner for a direction to the respondent authorities to pay the arrears of salary of the petitioner including difference of salary with effect from 1.5.1981 to 28.2.2001 in the U.G.C. pay scale, arrears of salary due to promotion, house rent allowance, interim relief, medical allowance and such other arrears of salary which has not been paid to the petitioner. Further direction has been sought for payment of enhanced dearness allowance with deferred dearness allowance with statutory interest. As per the case of the petitioner the college, namely, D.B.N.K. College, Narhan became a constituent unit of the L.N. Mithila University - 2 - from April, 1981 and the petitioner along with other non-teaching and teaching staff became employees of the University. Therefore, the petitioner became entitled for full salary of the teaching post he was holding as well as revised pay scale, increments etc. It is contended that other teaching staff as well as others of the college have been paid their due salary etc. in identical circumstances. The details of some of the said teaching employees who were appointed by same notification have been mentioned by the petitioner in his rejoinder to the counter affidavit filed on 5.8.2009 in paragraph 3. In paragraph 5, the details of the writ applications filed by the employees in this Court have also been mentioned and pursuant to orders passed in the same, it is stated, they all got arrears. Learned counsel for the University submits that the University had earlier denied the salary of the period to the petitioner as claimed by him as stated in the counter affidavit of the University, but he fairly submits that in view of the rejoinder to the counter affidavit to the effect that other teaching employees have been paid salary etc. of the period in identical - 3 - circumstances, the petitioner may be given liberty to file a fresh representation before the University giving details of the teaching employees under the University who under identical circumstances have been paid arrears of salary etc. which shall be considered by the University and appropriate order shall be passed in accordance with law. In the circumstances, petitioner is given liberty to file a detailed representation before the Vice-Chancellor of the University giving details of those employees who have been paid salary in identical circumstances, within a period of one month from today. In case such a representation is filed the Vice-Chancellor shall consider and examine the case of the petitioner. If he finds that case of the petitioner is similar to those persons named in the representation he shall pass appropriate orders in respect of the petitioner also as passed in the cases of those persons in accordance with law within a period of three months from the date of receipt of the representation. It goes without saying that if the final decision on the representation is taken in favour of the petitioner the order for payment of - 4 - monetary benefits shall also be passed within that very period. The writ application is accordingly disposed of with above observations and directions. Arvind/ (J. N. Singh, J.)