IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10166 OF 2006 SUVRA DUTTA, WIFE OF PROF. N. C. DUTTA, RESIDENT OF MOHALLA SURATGANJ WARD NO. 11, NEAR BATA CHOWK, POLICE STATION MADHUBANI, DISTRICT MADHUBANI ………………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HIGHER EDUCATION 2. THE SECRETARY –CUM- COMMISSIONER, HIGHER EDUCATION, NEW SECRETARIATE, PATNA 3. THE LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR THROUGH ITS VICE CHANCELLOR 4. THE VICE CHANCELLOR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA 5. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA 6. THE FINANCE OFFICER, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA ……………………………………………………………………….RESPONDENTS ******* 3 25/03/2011 The petitioner has made a prayer in this writ application for payment of salary from March, 2005 till today and arrears of U.G.C. pay scale with effect from 1996 with interest thereon. A counter affidavit has been filed in which it is said that Justice S. C. Agarwal Commission had observed regarding the petitioner as follows :- “Smt. Subra Dutta was appointed as lecturer in Bangla by order dated 16.12.1985. At the time of appointment, she did not possess requisite qualification for the post under 1983 Statutes”. The Supreme Court concluded as follows:- “The report of the Commission of Enquiry of Hon’ble S. C. Agarwal (Retd.) is accepted and all 2 objections filed against the said report are rejected.” In accordance with the report of the Justice S. C. Agarwal Commission, the petitioner’s name did not figure in the Office Memo 3101-36/05 dated 28.02.2005. It has been specifically stated that the petitioner has not been working since 2005. Surprisingly, in the reply to the counter affidavit, it has been stated that the petitioner has been working on the sanctioned post from 17.12.1985 till today as she has not been given the letter of termination. This stand of the petitioner that she has been working from 2005 onwards is not acceptable. It is also clear from paragraph 1 of the writ application that the petitioner is claiming payment from the year 2005 onwards. The claim of the petitioner for payment of salary from 2005 onwards is rejected in view of the counter affidavit filed in this case on behalf of respondents 3 to 6. There is also a claim in the reply to the counter affidavit that certain arrears on the basis of U.G.C. Pay Scale from 1996 is due to her. In view of the fact that the University was paying the petitioner the salary of Rs. 8800/- as mentioned in the reply to the counter affidavit, this aspect of the matter would need some examination by the Registrar of Lalit Narayan Mithila University in consultation with the Principal of the College where the petitioner was working. 3 If the petitioner was being paid the regular pay scale and the replacement salary of U.G.C. Scale, obviously the petitioner would be entitled to payment of the arrears if they had been given to the persons similarly situated to the petitioner. For this purpose, the petitioner may file a representation before the Registrar of the Lalit Narayan Mithila University within a period of six weeks from the date of receipt of a copy of this order and the Registrar will dispose of the representation within a period of four months from the date of filing of the representation. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )