IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3902 of 2009 RAVI SHANKAR, SON OF LATE SATYA MURTI, RESIDENT OF ROAD NO.4 EAST PATEL NAGAR, P.S.-SHASTRINAGAR, DISTRICT-PATNA. ………..Petitioner. Versus 1. THE B.R.AMBEDKAR UNIVERSITY, MUZAFFARPUR THROUGH ITS REGISTRAR. 2. THE VICE-CHANCELLOR, B.R.AMBEDKAR UNIVERSITY, MUZAFFARPUR. 3. THE REGISTRAR, B.R.AMBEDKAR UNIVERSITY. 4. THE STATE OF BIHAR. 5. THE SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. ……….Respondents. with CWJC No.17624 of 2008 BINAY KUMAR SINGH, SON OF RABINDRA PRASAD SINGH, LECTURER, DEPARTMENT OF PHYSICS, RAMLAKHAN SINGH YADAV COLLEGE AT P.S.-BETTIAH, DISTRICT-WEST CHAMPARAN. ………..Petitioner. Versus 1. THE B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR THROUGH ITS REGISTRAR. 2. THE VICE-CHANCELLOR, B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR. 3. THE REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY. 4. THE STATE OF BIHAR. 5. THE SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. ……….Respondents with CWJC No.3958 of 2009 MD.NASIR AHMAD, SON OF MD. ARIF, RESIDENT OF VILLAGE-BHERIHARWA P.S.- RAMGARHWA, DISTRICT-EAST CHAMPARAN. …….Petitioner. Versus 1. THE B.R.AMBEDKAR UNIVERSITY, MUZAFFARPUR THROUGH ITS REGISTRAR. 2. THE VICE-CHANCELLOR, B.R.AMBEDKAR UNIVERSITY, MUZAFFARPUR. 3. THE REGISTRAR, B.R.AMBEDKAR UNIVERSITY. 4. THE STATE OF BIHAR. 5. THE SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. ……….Respondents. ----------- Advocate for the petitioners : Mr. Amresh Kumar Singh, Adv. Advocate for the State : Yogendra Kumar Singh, A.C. to S.C. 21 Smt. Shail Kumari, S.C. 15 Umesh Kumar, A.C. to G.P. I Advocate for the University : Mr. Ajay behari Sinha, Adv. Mr. Ambar Nath Banerjee, Adv. 2 03.03.2011 Heard the parties. It appears that several adjournments have been granted since 23.2.2010 directing the University and State to file its 2 response on affidavit. However, counter affidavit has not been filed on behalf of University. State has filed counter affidavit only in one case i.e. C.W.J.C. No. 3958 of 2009. Petitioner’s grievance in C.W.J.C. No.17624 of 2008 is that though he was appointed in the year 1986. It is submitted that he has been absorbed with effect from 18.2.1989 whereas in C.W.J.C. No. 3958 of 2009 as well as C.W.J.C. No. 3902 of 2009. The date of absorption of petitioners is 24.2.1990. Grievance of all the petitioners in the writ petitions is that despite their absorption, their pay scale has not been revised since 1.1.1996 whereas other similarly situated teaching staffs have been given that benefit. It is further submitted that representations have also been filed before the Vice-chancellor, B.R. Ambedkar University, Muzaffapur, copies of which are annexed as Annexure-2 in C.W.J.C. No.17624 of 2008 and Annexure-3 Series in C.W.J.C. No.3902 of 2009 as well as C.W.J.C. No. 3958 of 2008. It is submitted that in all the cases no decision has been taken by the Vice-chancellor concerned. State of Bihar has filed affidavit in C.W.J.C. No.3958 of 2009 and it has been categorically stated in paragraph 5 and 9 of the aforesaid affidavit that the State Government has already released funds for payment of arrears of salary as well as retiral dues of the university in the year 2009 and again in the year 2010. 3 In that view of matter, these writ applications are being disposed of with a direction to the Vice-chancellor, B.R. Ambedkar University, Muzaffapur to consider the cases of the petitioners for grant of revised scale and payment of arrear, since 01-01-1996 in light of the fact that the petitioners services have already been absorbed by the University and the claim of the petitioners that other teaching employees of the University have already been given revised scale. They may file a fresh representation before the respondent no.2, the Vice-chancellor, B.R. Ambedkar University, Muzaffapur. mentioning all the grounds which have been taken in these writ applications. If such application is made within six weeks then the respondent no.2 shall consider the claim of these petitioners in accordance with law within 3 months thereafter. If the petitioners are found entitled for grant of such revised scale then in view of the fact that the fund has been already released by State, they should be paid the amount within six months thereafter. 20 (Dr. Ravi Ranjan, J.)