IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13301 of 2010 1. ASHUTOSH KUMAR SINHA S/O SRI RAM YATAN SINGH R/O DESHRATAN PATH, E-1, VIJAY NAGAR, HANUMAN NAGAR, P.O.- KANKARBAGH, P.S.- AGAMKUAN, DISTT.- PATNA 2. DR.ARUN KUMAR JHA S/O SRI INDRAKANT JHA R/O BHOOTNATH ROAD, NEAR SOUTHERN WATER TANK, P.O.- BAHADURPUR HOUSING, DISTT.- PATNA 3. DR.SHYAM KISHORE PRASAD S/O LATE KUSHESHWAR PRASAD R/O NIKET ANAND, JAGDEOPATH BAILEY ROAD, P.O.- VETERINARY COLLEGE, P.S.- HAWAI ADDA, DISTT.- PATNA 4. DR.SURESH PASWAN S/O SHIBARI PASWAN R/O PATEL, FLAT NO.- 21, KANKARBAG, P.O.- KANKARBAG, P.S.- KANKARBAG, DISTT.- PATNA 5. DR.RAM NATH SINGH S/O LATE BUTAN SINGH R/O NAVNEET HOUSING COLONY, KALIMANDIR ROAD HANUMAN NAGAR, KANKARBAG, P.O.- PATRAKAR NAGAR, P.S.- PATRAKAR NAGAR, DISTT.- PATNA 6. DR.SHYAM DEO YADAV S/O LATE JALDHAR PRASAD YADAV R/O ROAD NO.- 3D, ASHOK NAGAR, P.O.- KANKARBAG, P.S.- KANKARBAG, DISTT.- PATNA 7. RAM GOPAL SINGH S/O LATE SHIV MUNI SINGH R/O B-401, SHREE APARTMENT OPP. S.B.I. ANANDPURI, P.O.- PATLIPUTRA, P.S.- S.K.PURI, DISTT.- PATNA 8. DR.KISHOR KUMAR S/O SRI PRASADI SINGH R/O YOGIPUR, NEAR SHIV MANDIR, KANKARBAG, PATNA, P.O.- LOHIA NAGAR, P.S.- PATRAKAR NAGAR, DISTT.- PATNA 9. DR.INDRA KANT CHOUDHARY S/O LATE SARJU CHOUDHARY R/O RF-270, KANKARBAG, P.O.- KANKARBAG, P.S.- KANKARBAG, DISTT.- PATNA 10. DR.PRABHAT KUMAR S/O LATE SHRI PARMESHWAR SAHU R/O VIKAS COLONY, SANDALPUR ROAD, P.O.- MAHENDRU, P.S.- SULTANGANJ, DISTT.- PATNA 11. DR.SHUSHIL KUMAR SINGH S/O LATE YADU SINGH R/O 302, GAURI APARTMENT, PARWATI PATH, NEW CHTRAGUPTA NAGAR, KANKARBAGH, DISTT.- PATNA 12. R.N.PANDEY S/O LATE DINANATH PANDEY R/O A/150, P.C.COLONY, P.O.- KANKARBAG, LOHIA NAGAR, P.S.- LOHIA NAGAR, KANKARBAG, DISTT.- PATNA Versus 1. THE MAGADH UNIVERSITY, BODH GAYA THROUGH THE REGISTRAR OF THE UNIVERSITY 2. THE VICE-CHANCELLOR THE MAGADH UNIVERSITY, BODH GAYA 3. THE REGISTRAR THE MAGADH UNIVERSITY, BODH GAYA 4. THE STATE OF BIHAR THROUGH THE SECRETARY HRD DEPTT. OF THE HIGHER EDUCATION, GOVT. OF BIHAR WITH CWJC No 13595 of 2010 2 1. OM PRAKASH NARAYAN S/O LATE SHEO NANDAN SINGH R/O NC- 109, SBI COLONY, P.S.- KANKARBAGH, P.O.- LOHINAGAR, DISTT.- PATNA 2. DR. ARUN KUMAR SINHA S/O SRI BHOLANATH SINHA R/O 3A/16A, P.O.- WEST MAHESH NAGAR, DISTT.- PATNA-24 3. MANZAR ALI S/O LATE ZAHOOR SHAH R/O MOHALLA- BARALIDARI, P.O.- BIHAR SARIF, DISTT.-NALANDA 4. ZIYAUDDIN MD. SABIR S/O LATE MD. SALAUDDIN R/O MOHALLA- BARALDARI, P.O.- BIHARSARIF, DISTT.- NALANDA 5. DR. ISHWAR CHANDRA S/O LATE DR. SAWARNKIRAN R/O MOHALLA- KARUNBAG, P.O.- SOHALAY, DISTT.- NALANDA 6. DR. BINOD KUMAR SINHA S/O LATE BIJAY KUMAR SINHA FLAT NO.-12, VIJAY LAXMI COMPLEX (NEAR KISAN CINEMA), P.O. - SOHARI, DISTT. - NALANDA 7. DR. SHAILENDRA KUMAR S/O LATE RAJ KUMAR PRASAD SINHA R/O SHAKUNTLYAN, NORTH NAGAR NIGAM, P.O.- BIHARSARIF, DISTT.- NALANDA 8. DR. CHANDRA GUPTA DAS S/O LATE MAHANTH GURUP DAS R/O N.H.-173, MOHALLA- LAHERI, P.O.- BIHARSARIF, DISTT.- NALANDA 9. DR. SWARAN PRABHATH S/O SRI NAWAL KISHORE PRASAD R/O B-403, SURYANSHU APARTMENT, MAURYA PATH, KHAJPURA, DISTT.- PATNA-14 10. DR. GANGA PRASAD SINGH S/O LATE RAM SINGH R/O MOHALLA- GRAHPUR (NEAR SOUTH COLLEGIATE M.S.), P.O.- BIHARSARIF, DISTT.- NALANDA 11. DR. AVINASH KUMAR SRIVASTAVA S/O AKHOURY TARKESHWAR PD. R/O AMBER CHOURAHA, BESIDE MAHADEVA TEMPLE, P.O.- BIHARSARIF, DISTT.- NALANDA Versus 1. THE MAGADH UNIVERSITY, BODH GAYA THROUGH THE REGISTRAR OF THE UNIVERSITY 2. THE VICE-CHANCELLOR, THE MAGADH UNIVERSITY, BODH GAYA 3. THE REGISTRAR, THE MAGADH UNIVERSITY, BODH GAYA null null 4. THE STATE OF BIHAR THROUGH THE SECRETARY H.R.D. DEPTT. OF THE HIGHER EDUCATION, GOVT. OF BIHAR WITH CWJC No 13815 of 2010 1. PROF.JAI KUMAR SINGH S/O LATE NIL MOHAN SINGH R/O MOH SIRCHAND NAWADA (COLLEGE ROAD), P.S.& DISTT-JAMUI, AT PRESENT READER IN ZOOLOGY DEPARTMENT K.K.M.COLLEGE, JAMUI 2. DR. SUBODH KUMAR SINGH S/O LATE RAGHUNANDAN PRASAD SINGH R/O MOH NEW MAHISAURI, P.S.& DISTT-JAMUI AT PRESENT READER IN MATHEMATICS DEPARTEMENT , K.K.M.COLLEGE, JAMUI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA 3. THE DIRECTOR, HIGHER EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIATE, PATNA 4. THE T.M.BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS REGISTRAR 5. THE VICE-CHANCELLOR, T.M.BHAGALPUR UNIVERSITY BHAGALPUR 6. THE REGISTRAR, T.M.BHAGALPUR UNIVERSITY null BHAGALPUR 7. THE FINANCE OFFICER, T.M.BHAGALPUR UNIVERSITY BHAGALPUR WITH CWJC No 15200 of 2010 1 DR.SUDAMA SINGH, SON OF SRI RAJNATH SINGH, RESIDENT OF GOKUL PATH, NORTH PATEL NAGAR, PATNA – 800 024, P S – PATLIPUTRA, DISTRICT – PATNA, AT PRESENT POSTED AS READER, DEPARTMENT OF PHYSICS, A N COLLEGE, PATNA (M U) 2 DR ALAKH KUMAR SINGH, SON OF LATE LALITA PRASAD SINGH, RESIDENT OF MOHALLA – SRI NAGAR COLONY, ROAD NO 7, ASHIYANA NAGAR, PATNA – 800 025, AT PRESENT POSTED AS READER, DEPARTMENT OF PHYSICS, A N COLLEGE, PATNA (M U) 3 DR VIJAY RAGHAV SINGH, SON OF LATE DR KEDAR NATH SINGH, AT PRESENT RESIDENT OF MOHALLA – MOHANPUR PUNAICHAK, P S – SHASTRI NAGAR, DISTRICT – PATNA – 800 023, AT PRESENT POSTED AS READER, DEPARTMENT OF PHYSICS, A N COLLEGE, PATNA (M U) 4 DR ASHOK GHOSH @ DR ASHOK KUMAR GHOSH, SON OF LATE CHARU CHANDRA GHOSH, RESIDENT OF MOHALLA – PROFESSOR COLONY, SHEOPURI, P S – SHASTRI NAGAR, DISTRICT – PATNA – 800 023, AT PRESENT POSTED AS READER, DEPARTMENT OF BOTANY, A N COLLEGE, PATNA (M U) 5 DR KAMAL KISHORE SINGH, SON OF SRI RAM BILAS SINGH, RESIDENT OF ARJUNA K D TOWER, ROAD NO ZERO, SHEOPURI, P S – SHASTRI NAGAR, DISTRICT – PATNA – 800 023, AT PRESENT POSTED AS READER, DEPARTMENT OF CHEMISTRY, A N COLLEGE, PATNA (M U) 6 DR SANGEETA SINHA, DAUGHTER OF LATE DR G S PRASAD SINHA, RESIDENT OF MOHALLA – PATLIPUTRA COLONY, HOUSE NO 319, P S – PATLIPUTRA, DISTRICT – PATNA – 800 024, AT PRESENT POSTED AS READER, DEPARTMENT OF PHYSICS, A N COLLEGE, PATNA (M U) 7 DR ARUN KUMAR, SON OF SRI CHANDRESHWAR PRASAD SINGH, RESIDENT OF MOHALLA – KALAMANCH, BAKERGANJ, P S – KADAM KUAN, DISTRICT – PATNA – 800 004, AT PRESENT POSTED AS READER, DEPARTMENT OF PHYSICS, A N COLLEGE, PATNA (M U) 8 DR MAMUNUR RASHID AFSER, SON OF LATE SYED MD ALI, RESIDENT OF MOHALLA – SAMANPURA, P S – SHASTRI NAGAR, 4 DISTRICT – PATNA – 800 023, AT PRESENT POSTED AS READER, DEPARTMENT OF ZOOLOGY, A N COLLEGE, PATNA (M U) 9 DR BACHCHA PARASAD SINGH, SON OF LATE YAMUNA SINGH, RESIDENT OF FLAT NO 201, PRERNA APARTMENT, EAST SHEOPURI, P S – SHASTRI NAGAR, DISTRICT – PATNA – 800 023, AT PRESENT POSTED AS READER, DEPARTMENT OF ZOOLOGY, A N COLLEGE, PATNA (M U) 10 DR DILIP KUMAR SINGH, SON OF LATE BALA SINGH, RESIDENT OF FLAT NO 304, MANSAROVER APARTMENT, EAST BORING CANAL ROAD, P S – BUDHA COLONY, DISTRICT – PATNA, AT PRESENT POSTED AS READER, DEPARTMENT OF ZOOLOGY, A N COLLEGE, PATNA (M U) 11 DR RAMAWATAR SINGH, SON OF LATE RAGHAW SHARAN SINGH, RESIDENT OF SUSHILA SADAN, NEW PUNAICHAK, P S – SHASTRI NAGAR, DISTRICT – PATNA – 800 023, AT PRESENT POSTED AS READER, DEPARTMENT OF POLITICAL SCIENCE, A N COLLEGE, PATNA (M U) 12 DR RAMESH PRASAD SINGH, SON OF LATE GANESH PRASAD SINGH, RESIDENT OF FLAT NO 106, VIKAS VIHAR APARTMENT 176, PATLIPUTRA COLONY, P S – PATLIPUTRA, DISTRICT – PATNA – 800 013, AT PRESENT POSTED AS READER, DEPARTMENT OF HISTORY, A N COLLEGE, PATNA (M U) 13 DR BADRI NARAYAN SINGH, SON OF LATE RADHA PRASAD SINGH, RESIDENT OF 22, MAHESH TOWER, SHANKAR PATH, PUNAICHAK, P S – SHASTRI NAGAR, DISTRICT – PATNA – 800 023, AT PRESENT POSTED AS READER, DEPARTMENT OF HINDI, A N COLLEGE, PATNA (M U) 14 DR RANA NARENDRA SINGH, SON OF LATE RAM NARESH SINGH, RESIDENT OF MOHALLA – RAJEEV NAGAR, P S – RAJEEV NAGAR, DISTRICT – PATNA – 800 024, AT PRESENT POSTED AS READER, DEPARTMENT OF BOTANY, A N COLLEGE, PATNA (M U) 15 DR CHANDRAWATI KUMARI, DAUGHTER OF SRI CHANDRAMA SINGH, RESIDENT OF ROAD NO 10, MOHALLA – RAJEEV NAGAR, P S – RAJEEV NAGAR, DISTRICT – PATNA – 800 024, AT PRESENT POSTED AS READER, DEPARTMENT OF BOTANY, A N COLLEGE, PATNA (M U) 16 DR RADHEY SHYAM SINGH, SON OF LATE NATHUNI SINGH, RESIDENT OF ROAD NO 13, MOHALLA – RAJEEV NAGAR, P S – RAJEEV NAGAR, DISTRICT – PATNA – 800 024, AT PRESENT POSTED AS READER, DEPARTMENT OF BOTANY, A N COLLEGE, PATNA (M U) Versus 1 THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT (HIGHER EDUCATION), GOVERNMENT OF BIHAR, PATNA 2 THE MAGADH UNIVERSITY THOUGH ITS REGISTRAR (M U), BODH GAYA, BIHAR 3 THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA, BIHAR *** 5 For the petitioners : M/s Raghav Prasad, Ram Sagar Singh & Ram Sagar Singh, Advocates For the State : M/s AAG I & SC 14 For the Universities : M/s Anil Singh & Hans Raj, Advocates *** 2 08.10.2010 These group of writ petitions raise a common grievance and, as such, are taken up, with consent of parties, for disposal together at this stage itself especially because the issue has already been squarely decided by this Court. The petitioners are Teachers of Magadh University and Tilka Manjhi Bhagalpur University. They are aggrieved by the revision of pay scale of the Readers with effect from 01.01.1996 upon implementation of the UGC pay scale. The impugned actions of the Universities are to the effect that the Teachers would get minimum pay scale of Rs 14,940/- after five years from 01.01.1996 and not from 01.01.1996 itself. This is pursuant to Government directives. The result is that all those Teachers, whose pay scales were fixed at Rs 14,940/-, upon implementation of the UGC pay scale by the Pay Revision Committee with effect from 01.01.1996, this pay scale was postponed by five years. That being so, there were allegedly substantial excess payments shown to the credit of Teachers which are sought to be recovered as well. In some cases, they have been recovered partially or fully. The further effect is that the applicability of the pay scale being postponed by five years, their existing pay scale also gets correspondingly reduced. It is these arbitrary actions which had brought the petitioners to this Court. 6 This Court heard the matter of various Universities and, by judgment in the case of Dr Binod Kumar Pandey and Others –Versus- T M Bhagalpur University and Others being CWJC No 18552 of 2009 and analogous cases delivered on 05.07.2010, held that the stand of the State was ridiculous and held that the Teachers were entitled to the said pay scale with effect from 01.01.1996. It could not be postponed. This Court thought that this judgment would have ended the controversy. Unfortunately even though we are dealing with Universities, they continue to behave like illiterate persons, the result is flooding this Court with useless litigations. Once the law has been settled then it is common sense that the law would apply to all similarly situated persons whether they come to the Court or not and every person or Authority, under the jurisdiction of the Court, is bound by the law as declared by the Court. The implementation whereof cannot be postponed or ignored and such action, if taken, would only invite action in contempt against those officers. These writ petitions are filed long after the judgment because some irresponsible and illiterate persons in the University chose to ignore the judgment of this Court forcing unnecessary litigations or for some other reason which the Court would not like to mention. Be that as it may, the law being settled, it would apply to all similarly placed persons of whichever University. It is without the individuals being required to move this Court. Let it be recorded that if it is brought to the notice of this Court that notwithstanding the judgment, University continues to act in defiance thereof, this Court would take very strict view of the matter and 7 impose heavy cost on such officers of the University for which only he would be liable to be blamed. These writ applications are, accordingly, disposed of in the terms as per the said judgment. As a consequence whereof if any amount on the aforesaid plea has been recovered from the petitioners, the same would be refunded immediately but not later than fifteen days on production of a copy of this order before requisite Authority, the responsibility whereof would be on the Vice Chancellor and the Finance Officer of the University. It is further made clear that in pursuant to the said decision of the State, which has been set aside by this Court, the original remunerations would be restored with immediate effect. M.E.H./ (Navaniti Prasad Singh)