IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11728 of 2009 CHANDRA MOHAN JHA, Son of Late Jagdish Jha, Resident of Mohalla-New Chakdah, P.S.-Rajnagar, District and Town-Madhubani. ………Petitioner. Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Human Resources Department, Government of Bihar, Patna. 3. The Hon’ble Chancellor, L.N.M.U. Raj Bhawan, Patna. 4. The Vice-Chancellor, L.N.M.U, Kameshwar Nagar, Darbhanga. 5. The Registrar, L.N.M.U., Kameshwar Nagar, Darbhanga. 6. The Principal, R.K. College, Madhubani. ………..Respondents. ----------- 2/ 09.11.2009 Petitioner has prayed for quashing the order dated 12.06.2008 passed by the Vice-Chancellor, L.N.M.U., Kameshwar Nagar, Darbhanga whereby two advance increments granted to the petitioner on 27.07.1998, on account of acquiring Ph.D. Degree has been withheld. Further prayer is for a direction to make payment of arrears of salary under different heads which remain due from January, 1996 to February, 2008 amounting to Rs. 9,77,306/-. Petitioner is presently posted as Reader in Chemistry Department of R.K. College, Madhubani. In the light of State Government’s decision two increments were allowed to the petitioner on account of acquiring Ph. D. Degree prior to 1.1.1996 and pay fixation was done, giving benefit of two increments. Counsel for the petitioner submits that the similar matter was considered by this Court in C.W.J.C. No. 12432/2007 wherein by order dated 21.05.2008, on account of recalling of order granting two increments the pay scale of the petitioner was 2 reduced and the payment already made, was directed to be recovered. After considering the circumstance and the background, in which the order was issued, the Court held that an order having consequences which relates to reduction of the salary could not be passed if, it is made retrospective. Unless such order is passed after due compliance of the procedure and the determination of the issue. The impugned order was also quashed. I find that the case of the petitioner is squarely covered by the judgment/order passed by this Court in C.W.J.C. No. 12432 of 2007 for the reason that in similar circumstance two advance increments allowed to the petitioner on 27.7.1998 has been recalled without assigning any reason and without following the procedure before issuing such order with retrospective effect. The impugned order dated 12.6.2008 passed by the Vice-Chancellor, L.N.M.U. Kameshwar Nagar, Darbhanga is quashed. The respondents Registrar of the University and Vice-Chancellor of the University are directed to allow the petitioner benefit of two increments. Petitioner’s prayer for payment of arrears of salary with effect from 1.1.1996 to February, 2008, which is an admitted due is allowed. Respondents will take necessary steps for payment of this amount to the petitioner. Petitioner’s salary fixed giving benefit of two increments, shall not be reduced. 3 This application is allowed. Payment must be made to the petitioner within two months from the date of production/communication of this order. Sanjeet/ (Mridula Mishra, J.)