IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.14354 OF 2007 SHAILENDRA KUMAR, S/O SRI HARI NARAYAN PANDIT, R/O KUMHAR TOIL, POLICE STATION KANKARBAGH, DISTRICT PATNA. AT PRESENT WORKING AS ASSISTANT EXAMINATION SECTION, VIR KUNWAR SINGH UNIVERSITY, ARRA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF BIHAR,NEW SECRETARIAT, PATNA. 3.THE DIRECTOR, DEPAR;TMENT OF HIGHER EDUCATION, GOVT. OF BIHAR,NEW SECRETARIAT, PATNA. 4.THE CHANCELLOR, RAJ BHAWAN, PATNA. 5.MAGADH UNIVERSITY, BODH GAYA, THROUGH ITS REGISTRAR, GAYA. 6.THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, GAYA. 7.TEH VICE CHANCELLOR, VIR KUNWAR SINGH UNIVERSITY, ARRA. 8.VIR KUNWAR SINGH UNIVERSITY, ARRA THROUGH ITS REGISTRAR. 9.THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, GAYA. 10.THE REGISTRAR, VIR KUNWAR SINGH UNIVERSITY, ARRA. ………………………RESPONDENTS. WITH CWJC NO.12957 OF 2008 CHANDRA MOHAN PRASAD VERMA, S/O LATE KESHAV PRASAD VERMA, R/O MANSA PANDEY BAGH, POLICE STATION ARRA TOWN, DISTRICT ARRA. AT PRESENT WORKING AS ASSISTANT. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 3.THE DIRECTOR, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 4.THE CHANCELLOR, RAJ BHAWAN, PATNA. 5.MAGADH UNIVERSITY, BODH GAYA, THROUGH ITS REGISTRAR. 2 6.THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, GAYA. 7.THE VICE CHANCELLOR, VEER KUNWAR SINGH UNIVERSITY, ARRA. 8.VEER KUNWAR SINGH UNIVERSITY, ARRA THROUGH ITS REGISTRAR. 9.THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, GAYA. 10.THE REGISTRAR, VEER KUNWAR SINGH UNIVERSITY, ARRA. ………………………RESPONDENTS. ----------- 02/ 24.11.2011 Heard counsel for the petitioners and counsel for the State. No one appears for the Veer Kunwar Singh University. The petitioners in these two writ applications have prayed for identical relief namely:- “(i) For direction upon the respondent to revise the pay scale of the petitioners with effect from 27.03.1984, in the revised and consequential pay scale of Rs. 785- 1210/- with effect from 01.04.1981 although the petitioners are entitled for the revision of pay scale with effect from the date of their initial appointment i.e. 27.03.1984. (ii) For direction upon the respondents to pay the arrear and revised pay scale with all its consequential benefits to the petitioner. Learned counsel for the petitioners submit that the case of the petitioners is squarely covered by the order of the University passed in pursuance of a 3 direction in C.W.J.C No. 3589 of 2004 disposed on 26.08.2006 pursuant to the direction given in the case of Manzar Imam. As noted above neither the counsel for the University has appeared nor any counter affidavit has been filed on behalf of the Veer Kunwar Singh University. In the counter affidavit filed by the State of Bihar, the stand taken is that a decision as with regard to fixation/revision of pay scale of the petitioner has to be taken by the University and that the State Government has got nothing to do with it. In view of the aforementioned decision, this Court would direct the Vice- chancellor of the Veer Kunwar Singh University to consider the grievance of the petitioners. It is made clear that if the case of the petitioners is found identical to that of Manzar Imam they too must be given the same benefit as was given in the case of Manzar Imam. In the event, the case of the petitioners is found distinguishable and thus disentitled for the same relief as of Manzar Imam, the Vice-chancellor of the 4 University shall pass a reasoned order as while rejecting such claim of the petitioners. In order to expedite the matter, the petitioners are directed to file their individual separate representation giving details of facts supported by documents and the Registrar of the University upon receipt of such representation shall place the matter before the Vice-Chancellor of the University for its final decision. The whole exercise must be completed within a period of six months from the date of filing of the representation by the petitioner along with a copy of this order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)