IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7253 of 2009 Bibhakar Mishra & Anr. Versus The State Of Bihar & Ors ---------------------------------- 5 25.10.2011 The original writ petitioner was a widow of late Sachchidanand Mishra who had superannuated from the post of clerk on 31.3.2001. Prayer of the writ petitioner was for restoration of pay scale of Rs. 2000-3500/- which was recommended on 12.11.1987 i.e. prior to issue of letter no. 841 dated 13.4.1991. The grievance of the petitioner was that pay scale of her husband was arbitrarily reduced and reduced pay scale was allowed for which her husband had represented for removal of anomalies but it was not done. This resulted into fixation of her husband’s pension in the lower scale. In the counter affidavit filed on behalf of the Tilka Manjhi Bhagalpur University, ground of delay has been taken, since the husband of the original writ petitioner, even after remaining in service for 11 years subsequent to reduction in his pay scale had never raised any objection. It has been stated that since he has never raised any objection as such the writ application filed on behalf of the petitioner, widow of Sachchidanand Mishra, and now by substituted writ petitioners, cannot be allowed. In paragraph 18 and 19 of the writ petition it has been stated that late Sachchidnand Mishra had represented against the reduction of his scale and for removing such anomalies in the pay scale, but that was never considered. 2 Considering the fact that representation filed by the petitioner’s husband remained undecided, as such it is proper that substituted writ petitioners should be given liberty to file a fresh representation before the Vice-Chancellor, Tilka Manjhi, Bhagalpur University through the Registrar making out the case of discrimination, as similarly situated persons have been allowed such benefits, and that should also be given to the father of present writ petitioners. In case such a representation is filed by the petitioners within four weeks from today, then it should be considered by the Vice Chancellor of Tilka Manjhi Bhagalpur University on merit and disposed off with a reasoned order, within three months from the date of filing of the representation. If the petitioners father is found entitled for the relief prayed, all consequential benefits should be allowed to him. The application is disposed of with the above directions and observations. M.Rahman (Mridula Mishra, J.)