IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5300 of 2010 1. MANOJ KUMAR ROY S/O LATE RAM BAHADUR ROY, R/O MOHHALAH- 75 KAUTILYA NAGAR, P.O - B.V. COLLEGE, P.S - AIR PORT, DISTRICT - PATNA, AT PRESENT POSTED AS LAW OFFICER, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR , PUSA, SAMASTIPUR- ---------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH AGRICULTURE PRODUCTION COMMISSIONER, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR, THROUGH ITS REGISTRAR 3. THE VICE CHANCELLOR, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 4. THE REGISTRAR, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 5. THE COMPTROLLER, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 6. THE DIRECTOR ADMINISTRATION, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 7. THE ASSISTANT DIRECTOR ADMINISTRATION, RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR----------- -------------------------------------RESPONDENTS ----------- For the Petitioner: Mr. Y.V.Giri, Sr. Advocate & Mr. Mahesh Nr. Parbat, Advocate For the Respondents: Mr. D.K.Sinha, Sr.Advocate (SC-9) ------------ 2 1.3.2011 Heard learned counsel for the parties. The issue raised by the petitioner with regard to pay scale to which he should be granted by virtue of the benefit of first and second time bound promotion under ACP Scheme has been pending consideration of the Vice Chancellor of the University for many a years now. Merely because the authority of the university has not taken a final decision, the petitioner was compelled to file the present writ application. There is some indication from the document brought on record that the petitioner used to be treated at par with Assistant Registrar so far as the pay scale is concerned but somewhere along Assistant Registrar and other employees of the university moved ahead ending with a higher pay scale and the - 2 - petitioner was dumped on the ground that he was a lone employee and single post holder so can not seek parity with other employees. The Court has intentionally not dealt with all the aspects of the matter because the authority of the university are the best judge with regard to entitlement of pay scale of the employees and as to who is entitled to what pay scale on a particular post. If no decision is taken for a long time then a direction will have to be given to take a decision and the Court might have to intervene if the petitioner is not satisfied with such a decision. Since annexure-5 is there and issue has still not reached any kind of finality by way of a decision, the Court is of the opinion that the Vice Chancellor of the University would be obliged to decide the matter by giving a personal hearing to the petitioner as also by allowing him opportunity to produce the documents in support of his claim. The claim would be decided within a period of three months from the date of communication or production of a copy of this order. It goes without saying that if any merit is found in the claim of the petitioner the follow up order will be issued or else a speaking order will be passed with regard to the issue raised by the petitioner. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)