IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7784 of 2007 NEELAM JHA, W/O LATE MRITUNJAY JHA, RESIDENT OF VILLAGE – LAKHPURA, P.S. – PANJWARA, DISTRICT – BANKA ……………….. PETITIONER VERSUS 1. THE STATE OF BIHAR, THROUGH ITS SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, NEW SECRETARIAT, PATNA 2. THE DIRECTOR, SCIENCE AND TECHNOLOGY, NEW SECRETARIAT, PATNA 3. THE JOINT SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA 4. THE REGIONAL DEVELOPMENT OFFICER, BHAGALPUR DIVISION, BHAGALPUR 5. THE PRINCIPAL, BHAGALPUR COLLEGE OF ENGINEERING, BHAGALPUR, P.S.-SABAUR, DISTRICT- BHAGALPUR. ……………….. RESPONDENTS WITH CWJC NO.5210 OF 2005 SMT. URMILA DEVI, W/O LATE BIRENDRA PRASAD SINGH, RESIDENT OF MOHALLA – GAUTAMBUDH COLONY, HOUCE NO. 234, TILKA MANJHI, BHAGALPUR, P.S. – TILKA MANJHI, DISTRICT- BHAGALPUR ………………. PETITIONER VERSUS 1. THE STATE OF BIHAR, THROUGH ITS SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, NEW SECRETARIAT, PATNA 2. THE DIRECTOR, SCIENCE AND TECHNOLOGY, NEW SECRETARIAT, PATNA 3. THE JOINT SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA 4. THE REGIONAL DEVELOPMENT OFFICER, BHAGALPUR DIVISION, BHAGALPUR 5. THE PRINCIPAL, BHAGALPUR COLLEGE OF ENGINEERING, BHAGALPUR, P.S.-SABAUR, DISTRICT- BHAGALPUR. ……………….. RESPONDENTS FOR THE PETITIONER: PANKAJ KUMAR SINHA, ADV. KAMAL KISHORE, ADV. FOR THE STATE: MR. AMARENDRA KUMAR, AC TO GP-8 ***** 07. 11.05.2011 Heard learned counsel for the petitioners and the State. 2 Original Writ Petitioners in both Writ Applications died during the pendency of the Writ Applications and the legal heirs namely, Smt. Neelam Jha (in C.W.J.C. No. 7784 of 2007) and Smt. Urmila Devi (in C.W.J.C. No. 5210 of 2005) have been substituted by allowing the Interlocutory Applications filed by them for substituting them as petitioners in the Writ Applications. Original Writ Petitioners in both Writ Applications have retired from Bhagalpur College of Engineering, Bhagalpur from the post of Demonstrator. The Writ Applications had been filed by them initially for granting two reliefs: (1) for two time-bond-promotions; and (2) for allowing them revised pay-scale of Rs. 8000-13500 with effect from 01.01.1996. However, at the time of the final hearing of the applications, petitioners were not interested in pressing the first relief, as such only second relief was pressed and being considered. Petitioners’ case is that the revised pay- scale of Rs. 5500-9000/- was fixed with effect from 01.01.1996, but no payment in terms of new scale of pay was given to them. During pendency of the Writ Applications, vide Order dated 06.01.2000, 3 contained in Memo No. 12, the petitioners have been paid difference of arrears of salary in the revised scale of Rs. 5500-9000/-. Now, petitioners’ claim is that in the light of the letter, dated 21.07.1999, issued by the University Grant Commission, they are entitled for a pay-scale of Rs. 8000-13500/- on account of remaining on the post of Demonstrator for 16 years. The University Grant Commission, vide letter, dated 21.07.1999 had allowed the pay-scale of Rs. 5500-9000/- to such Demonstrators, who were earlier working on the post of Laboratory Assistant. However, such Demonstrators, who have continued on such posts for 16 years, they were allowed pay-scale of Rs. 8000-13500/- with effect from 01.01.1996. This pay-scale was allowed to even such Demonstrator, who had not been given benefit of the pay-scale of Rs. 5500-9000/-, but still were in the pay-scale of Rs. 2200-4000/- although working on the post of Demonstrator for 16 years. Both the writ petitioners were initially appointed on the post of Lab Assistant, but with effect from 01.04.1973 on account of upgradation of Lab Assistant’s post to the post of Demonstrator. Post held by them was re-designated as the post of 4 Demonstrator. They continuously worked on the post of Demonstrator since 01.04.1973 and completed more than 16 years, prior to their superannuation. Original petitioners claimed the benefit of letter dated 21.07.1999, issued by the University Grant Commission, i.e., pay-scale of Rs. 8000-13500/- with effect from 01.01.1996. The Counter Affidavit filed on behalf of the State is not specific on this point. Simply, it has been stated that in any case, petitioners, who are working as Demonstrators, in the Bhagalpur College of Engineering, Bhagalpur, which is under control of the Science and Technology Department of the Government of Bihar can not claim for any pay revision allowed to the Demonstrator working under the University. They can only claim the benefit of pay revision, which has been allowed by the University Grant Commission. Petitioners are claiming only those benefits, which have been given by the University Grant Commission to the Demonstrators on account of continuous service of sixteen year. The petitioners have already been given benefit of the difference of salary in the pay-scale of Rs. 5500-9000/-, but 5 being entitled for revised pay-scale of Rs. 8000- 13500/- in the light of University Grant Commission letter, dated 21.07.1999, they are entitled for arrears of payment of difference of salary in the enhanced revised pay-scale of Rs. 8000-13500/-. Both the Writ Petitioners are dead. Their legal heirs are there to receive such monetary benefits. These Writ Applications are allowed directing the Respondent No. 2, Director, Science and Technology Department, Government of Bihar and Respondent No. 5, Principal Bhagalpur College of Engineering Bhagalpur to allow the petitioners the benefits of revised pay-scale of Rs. 8000-13500/- and to make payment of arrears of difference of salary in the revised enhanced pay-scale of Rs. 8000-13500 to the substituted petitioners. Petitioners will be entitled for such payment with effect from 01.01.1996. All payments must be made within 12 weeks from the date of production / communication of this Order. SKM (Mridula Mishra, J.)