IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5933 of 1998 Miss. Shivanti Nathu Lal Kashyap D/O Shri Nathu Lal Kashyap, at present posted as Technical Supervisor, College of Home Science, Rajendra Agricultural University, Pusa, P.O. Pusa Farm, District- Samastipur. -------Petitioner. -Versus- 1. The State of Bihar. 2. The Rajendra Agricultural University through its Registrar, Pusa, Samastipur. 3. The Vice Chancellor, Rajendra Agricultural University, Pusa, Samastipur. 4. The Director Administration, Rajendra Agricultural University, Pusa, Samastipur. 5. The Deen, College of Home Science, Rajendra Agricultural University, Pusa, Samastipur. -----Respondents. -------- For the petitioner: Mr. Shailendra Kumar Singh, Advocate. For the University: Mr. Mahesh Narayan Parbat, Advocate. For the State : Mr. S. B. Kumar, S.C. 16 with Kumar Pankaj, J.C. to S.C. 16. --------- 7. 12.12.2008. The writ petitioner claims that her post may be upgraded to the post of Assistant Professor and she may be granted consequential benefits of U.G.C. scale. The petitioner was appointed as a Technical Assistant under the I.C.A.R. Scheme on 11.11.1985. This petitioner claims that the post of Technical Assistant is equivalent to the post of Senior Research Assistant/Technical Assistant. Her claim is that her post is equivalent to the post of Sri Rajendra Prasad Sharma and Sri Shiv Nandan Singh who were appointed on 18.12.1982 on the post of Senior Research Assistant/ Technical Assistant in Rajendra Agricultural University(hereinafter referred to be as ‘the University’). It is being stated in the letter of appointment of Sri Sharma and Sri Singh that these two persons were - 2 - appointed under the I. C. A. R. Scheme. To substantiate her claim, the petitioner relies on annexure- 5, which is the letter dated 20.4.1995 issued by the Assistant Director, General(PI & M) wherein he refers to a decision taken by the I.C.A.R. dated 29.11.1988 which according to the petitioner recommends that the post of Senior Technical Assistant should be upgraded to the post of Assistant Scientist. It is also contended that the petitioner has been transferred and is working against the vacant post of the Assistant Professor since 19th September,1995. On the basis of the aforesaid facts, the petitioner claims that she is entitled to be extended the same benefit as were extended to Sri Sharma and Sri Singh. I, accordingly, direct the University to take a decision in the case of the petitioner keeping in view the documents annexed in the writ application and decision of the I. C. A. R. and the University Statute and also keeping in view the order of this court in the case of Kamla Kant Roy and others Vs. The State of Bihar & others reported in 1985 P.L.J.R. Page 77 and in the case of Sanjay Kumar Choudhary and others Vs. Rajendra Agricultural University & others reported in 2000(2) P. L. J.R. page 209 within a period of three months on receipt/production of a copy of this order. This writ application is disposed of with the aforesaid directions. U.K. (Sheema Ali Khan,J) - 3 -