IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7689 of 2005 1. Ramashish Prasad Mahto, son of late Ram Bali Mahto, Resident of Mohalla Kashipur, Police Station and District Samastipur. 2. Moti Lal Yadav, Son of Sri Jibachh Yadav, Resident of Mohalla Bahadurpur, Police Station and District Samastipur. 3. Yadu Nandan Yadav, Son of late Sri Siya Yadav, Resident of Village Sankh, Police Station and District Begusarai. --------- Petitioners Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, Patna. 2. The Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, Patna. 3. Lalit Narayan Mithila University, Darbhanga through its Registrar. 4. The Vice-Chancellor, L.N. Mihtila University, Darbhanga. 5. The Registrar, L.N. Mithila University, Darbhanga. 6. The Financial Advisor, L.N. Mithila University, Darbhanga. 7. The Finance Officer, L.N. Mithila University, Darbhanga. ------- Respondents With CWJC No.8062 of 2005 Deepak Mehta, Son of Dr. Kunj Mohan Prasad Mehta, Resident of Mohalla Magardahi, Police Station Samastipur, District Samastipur. ------- Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, Patna. 2. The Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, Patna. 3. Lalit Narayan Mithila University, Darbhanga through its Registrar. 4. The Vice-Chancellor, L.N. Mihtila University, Darbhanga. 5. The Registrar, L.N. Mithila University, Darbhanga. 6. The Financial Advisor, L.N. Mithila University, Darbhanga. 7. The Finance Officer, L.N. Mithila University, Darbhanga. ---------- Respondents With CWJC No.8070 of 2005 1. Ramesh Jha, Son of late Pt. Hari Krishna Jha, Resident of Mohalla Adarsh Nagar, Police Station Samastipur, District Samastipur. 2. Baleshwar Roy, Son of late Bal Karan Roy, Resident of Mohalla Magardahi, Police Station Samastipur, District Samastipur. 2 3. Janardan Prasad, Son of Sri Jay Sri Ram, Resident of Mohalla Magardahi, Police Station Samastipur, District Samastipur. 4. Deobrat Mahto, Son of Sri Lakshmi Mahto, Resident of Mohalla Kadipur, Police Station Samastipur, District Samastipur. 5. Md. Saifullah, Son of M.S. Mahmood Ali, Resident of Mohalla Dharampur, Police Station Samastipur, District Samastipur. ------------- Petitioners Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, Patna. 2. The Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, Patna. 3. Lalit Narayan Mithila University, Darbhanga through its Registrar. 4. The Vice-Chancellor, L.N. Mihtila University, Darbhanga. 5. The Registrar, L.N. Mithila University, Darbhanga. 6. The Financial Advisor, L.N. Mithila University, Darbhanga. 7. The Finance Officer, L.N. Mithila University, Darbhanga. ----------- Respondents 3 16.08.2010 Heard counsel for the parties. As the relief prayed in all these writ applications to the following effect:- CWJC No. 7689 of 2005 “1(i) Issuance of a writ in the nature of mandamus and/or any other appropriate writ, order or direction directing and commanding the Respondents to recalculate the arrear of salary and thereafter to make payment of legal dues in the similar way as has been paid to Prof. S.N. Mandar, Serial No.4 of the calculation chart prepared and forwarded by the Principal of the College (Annexure- „3‟). (ii) Issuance of a writ, order or direction to the Respondents to give calculation chart as prepared by the Respondents for making payment of arrear of salary.” 3 CWJC No. 8062 of 2005 1(i) Issuance of a writ in the nature of mandamus and/or any other appropriate writ, order or direction directing commanding the Respondents to give calculation chart/statement of accounts as prepared by them for making payment of arrear of salary in pursuance of Hon‟ble Court‟s order. CWJC No. 8070 of 2005 1(i) Issuance of a writ in the nature of Mandamus and/or any other appropriate writ, order or direction directing and commanding the Respondents to recalculate the arrear of salary and thereafter to make payment of legal dues which, in any event, will come to make than Md. Khalil at Serial No.5 of the calculation chart prepared and forwarded by the Principal of the College in question (Annexure-3). (ii) Issuance of a writ, order or direction directing and commanding the Respondents to give calculation chart as prepared by the Respondents for making payment of arrear of salary.” are identical, they with the consent with learned counsel for both the parties have been heard together and are being disposed of by a common order. Mr. Hemant Kumar Jha, learned counsel for the petitioners, in all these three cases, would submit that when the University itself after making full calculation had recommended 4 for a higher amount of pay and allowance in revised scale of pay to the petitioner, the same could not be reduced unceremoniously on account of lesser release of fund by the State Government in the light of its one sided conclusion in the matter. In this context, reference was also placed by Mr. Jha on the statement showing arrear payment of teachers enclosed with all the three writ applications vide Annexure-3, which for the sake of brevity and clarity, is quoted herein below:- CWJC NO. 7689 of 2005 “ARREAR PAYMENT OF TEACHERS B.R.B. COLLEGE, SAMASTIPUR L.N.M. UNIVERSITY, DARBHANGA SL. NO. NAME DEPTT. DATE OF 1st APPOINTMENT DATE OF CONCURRENCE 1. Prof. R.P. Mahto Commerce 05.01.76 11.12.19976 2. Dr. M.L. Yadav Maithily 05.01.76 22.04.1977 3. Dr. Y.N. Yadav Philosophy 05.01.76 22.04.1977 4. Prof. S.N. Mandar Geography 05.01.76 22.04.1977 DATE OF PROMOTION AS READER T.B.S. BASIC SALARY IN OLD SCALE (700- 1600) AS ON 1.1.86 BASIC SALARY IN NEW SCALE (2200-4000) AS ON 1.1.2000 DEMANDED BY THE COLLEGE TEACHER ARREAR BY THE UNIVRSITY PAID AMOUNT 08.07.1986 1060=00 5516=00 2,95,990=26 3,09730=26 15,134=00 19.01.1987 1060=00 5462=00 2,75,149=36 2,88,727=36 2,28,727=00 19.01.1987 1060=00 5400=00 2,75,135=43 2,88,713=43 1,76,071=00 19.01.1987 1060=00 5400=00 2,70,974=43 2,84,552=43 2,79,743=00 T.B.S. TIME BOUND SCHEME M.P.S. MERIT PROMOTION SCHEME” CWJC NO. 8062 of 2005 “ARREAR PAYMENT OF TEACHERS B.R.B. COLLEGE, SAMASTIPUR L.N.M. UNIVERSITY, DARBHANGA SL. NO. NAME DEPTT. DATE OF 1st APPOINTMENT DATE OF CONCURRENCE 1. Deepak Mehta English 11.01.1980 11.01.1980 DATE OF PROMOTION AS READER T.B.S. BASIC SALARY IN OLD SCALE (700- 1600) BASIC SALARY IN NEW SCALE (2200-4000) AS ON 1.1.2000 DEMANDED BY THE COLLEGE TEACHER ARREAR BY THE UNIVRSITY PAID AMOUNT 5 AS ON 1.1.86 11.01.1980 700=00(914/=) 4000=00(4459=00) 3,16,730=58 67973=80 26973=00 T.B.S. TIME BOUND SCHEME M.P.S. MERIT PROMOTION SCHEME” CWJC NO. 8070 of 2005 “ARREAR PAYMENT OF TEACHERS B.R.B. COLLEGE, SAMASTIPUR L.N.M. UNIVERSITY, DARBHANGA SL. NO. NAME DEPTT. DATE OF 1st APPOINTMENT DATE OF CONCURRENCE 1. R. Jha Sanskri 29.11.1978 29.11.1978 2. Baleshwar Roy English 29.11.1978 29.11.1978 3. Janardan Pd. Physics 18.01.1979 18.01.1979 4. D.B. Mahto Chemistry 28.10.1978 21.07.1980 5. Md. Khalil Commerce 29.11.78 21.07.1980 6. Md. Saifullah Urdu 07.12.1978 19.09.1980 DATE OF PROMOTION AS READER PROF. BASIC SALARY IN OLD SCALE (700- 1600) AS ON 1.1.86 BASIC SALARY IN NEW SCALE (2200- 4000) AS ON 1.1.2000 DEMANDED BY THE COLLEGE TEACHER ARREAR BY THE UNIVRSITY PAID AMOUNT 22.12.1986 980=00 5400=00 3,44,602=08 357177=08 295286=00 29.11.1988/29.11.1994 T.B.S. M.P.S. 980=00 5100=00 2,82,903=48 295266=48 157836=00 18.01.1979 968=00 5016=00 2,77,028=95 289341=95 187808=00 27.06.1990 T.B.S. 900=00 4000=00 (4375/) 2,75,616=89 286509=89 157966=00 900=00 4000=00 2,35,386=56 246654=56 235060=00 26.02.1990 T.B.S. 900=00 4000=00 (4375/) 2,15,252=03 226221=03 135179=00 T.B.S. TIME BOUND SCHEME M.P.S. MERIT PROMOTION SCHEME” On the basis of the aforesaid reduced lesser amount of salary made to the petitioners, learned counsel for the petitioners while citing the case of the petitioner no.1 of CWJC No. 7689 of 2005 by way of elucidation has emphasized that a claim allowed by the University to the tune of Rs. 3,09,730/- was slashed to the tune of Rs. 15,134/- whereas in case of others, the University’s recommendation made for fixation of pay was almost accepted or modified only in part. Mr. P.N. Shahi and other counsels for 6 the L.N. Mithila University, on the other hand, would submit that after the pay fixation was made by the University, the same was referred to the State Government for release of fund and at that point of time, the State Government had gone into the individual entitlement of each of the petitioners and other teachers wherein as per the Act in the Statute, the authorities at the Government level had also made in-depth examination of the entitlement of the petitioners and others and had made necessary correction with regard to the amount in question. Counsel for the petitioners would submit that no reason or even a calculation chart has been given to the petitioners from which they could know as to why and how they have been subjected to a decision for payment. In the opinion of this Court, though the reasons are quite visible by the use of the abbreviated expressed in the aforesaid chart such as T.B.S. (Time Bound Scheme) and M.P.S. (Merit Promotion Scheme) requiring also shifting the date of the entitlement from the date of such promotion under the two Statutes, it could have been still be better if the petitioners 7 also were informed, either by the State Government or the University, the reason for slashing down their amount as originally fixed by the University. In that view of the matter, this Court would give liberty to the petitioners to file their individual representation with regard to their claim and their grievance with regard to the wrong pay fixation by the State Government and thereafter, the Registrar of the University having got it verified from the records would forward the same along with his comments to the Director, Higher Education. The Director, Higher Education, thereafter, will pass his final order wherein for each of the petitioner, he will record reasons for justification of the earlier decision taken in the chart shown above and he will also furnish the calculation chart for arriving at the amount indicated in the fixation made. It goes without saying that if in course of re-examination, the petitioners or any of them are found entitled to any further sum of amount which was denied to them on account of wrong fixation, the actual payment thereof will also be made to the petitioners soon after the 8 matter is settled by the State Government through the Director, Higher Education, Government of Bihar. The Director, Higher Education having examined the matter, will also communicate the order that may be passed by the State Government containing reasons for arriving at his decision. However, such an exercise must be completed within a period of six months from the date of filing of the separate individual representation by the petitioners before the Registrar of the University. Rsh (Mihir Kumar Jha, J.)