IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.172 of 2003 DR. RAM GULAM MISHRA, son of late Sri Jagdish Mishra, village Bardaha, P.S. Babu Barhi, District Madhubani at present University Professor of Sanskrit, Department of Sanskrit, Patna University, Patna … Petitioner Versus 1. THE STATE OF BIHAR 2. Patna University, Patna through its Vice Chancellor 3. The Vice Chancellor, Patna University, Patna 4. The Registrar, Patna University, Patna 5. The Secretary, Higher Education Department, Govt. of Bihar, Patna 6. The Deputy Secretary, Higher Education Department, Govt. of Bihar, Patna … Respondents ----------- 3. 23.7.2010 Heard Mr. Vishwanath Prasad Singh, learned Senior counsel for the petitioner and Mr. Mithilesh Kumar Pathak for the State. No one appears for the Patna University. The prayer of the petitioner in this writ application reads as follows: “This is an application for issuance of a writ in the nature of certiorari or an appropriate writ for quashing the order contained in Memo No. 299/p dated 19.3.99 as contained in Annexure 13 issued under the signature of the Dy. Secretary, Higher Education Department, Govt. of Bihar, Patna by which the basic salary of the petitioner has shown on 22.11.97 at Rs. 5250/- in place of Rs. 5550/- 2 and also for quashing the order contained in letter no. 3132/p dated 29.6.2002 as contained in Annexure 16 issued under the signature of Dy. Secretary, Higher Education Department, Govt. of Bihar, Patna by which on 1.1.2001 the basic salary of the petitioner has been fixed as Rs. 5250/- in place of Rs. 5700/- and date of annual increment has been changed from 31st December to 1st January of the next year and the date of initial appoint has been charged from 22.11.1978 to 1.1.1981 and for issuance of an appropriate writ or writs directing the respondents to treat the initial date of appoint of the petitioner as 22.11.1978, to fix his basic pay on 1.1.2001 at Rs. 5700/- and date of annual increment on 31st December of the previous year and/or pass any other order or orders which may be deemed fit and proper in the facts and circumstances of the case.” As with regard to the aforementioned prayer Mr. Singh with his usual preciseness would rely on three documents, namely, pay fixation statement issued by the Patna University on 19th January, 1998 fixing last pay of the 3 petitioner at Rs. 5550/- as on 31.12.1997, the subsequent pay fixation statement issued by the Higher Education Department of Govt. of Bihar dated 19.3.1999 fixing the pay of the petitioner as on 22.11.1997 at Rs. 5250/- and another pay fixation statement again issued by the Higher Education Department of Govt. of Bihar dated 29.6.2002 in which the admissibility of the total emolument of the petitioner has been shown to be Rs. 4575/- as on 1.1.1996 and Rs. 5250/- as on 1.4.2001. On the basis of these three pay fixation statements Mr. Singh has submitted that even if the respondents could have reduced the pay of the petitioner he was at least entitled to a notice and/or opportunity of hearing affecting his rights. He would also point out that such fixation as made by the authority of Govt. of Bihar dated 29.6.2002 is apparently illegal, inasmuch as in cases of teachers junior to the petitioner including that of Ashok Kumar their pay fixation has been made in higher pay scale in comparison to the petitioner. As usual there is no counter affidavit on behalf of the respondents in 4 defence of their action of issuance of two pay slips. The University has in fact even not bothered to represent itself before this Court much less place its case whereas it was primarily responsibility of the University to explain the service history and entitlement of the petitioner. In such a helpless situation this Court will have no option but to remit the matter back to the Director, Higher Education of the State Govt., who now will decide the matter with regard to entitlement of the petitioner after giving an opportunity of hearing to him. In order to shorten the process this Court would give liberty to the petitioner to file a self contained representation alongwith the relevant documents and a copy of this order and the Director, Higher Education, will be under obligation to thereafter pass the final order within a period of six months after obtaining the views of Patna University. It goes without saying that if the petitioner is found entitled for a higher pay fixation as was originally made by the 5 Patna University, Vide Annexure 12, fixing his salary of Rs. 5550/- per month with effect from 31.12.1997 vide pay fixation statement dated 19th January, 1998 or any other higher amount beyond one which was fixed by the State Government in the impugned order, its consequential benefit will also be extended to the petitioner in next three months. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/