IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16148 of 2008 Shanti Sharma, wife of Sri Muneshwar Sharma, resident of village Mushepur, P.S. Mehandia, District Arwal…………………………………………Petitioner Versus 1. The State Of Bihar, through the Principal Secretary, Human Resources Department, Government of Bihar, Patna. 2. Director, Higher Education, Government of Bihar, Patna. 3. Magadh University through the Vice Chancellor, Magadh University, Bodh Gaya. 4. Registrar, Magadh University, Bodh Gaya. 5. Finance Officer, Magadh University, Bodh Gaya. 6. Principal, Kishori Sinha Mahila College, Aurangabad……………………………………………………………Respondents ----------- 2 01.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. Petitioner superannuated from service as Lecturer of Hindi in Kishori Sinha Mahila College, Aurangabad with effect from 31.08.2003. A notification of the University dated 08.05.2005 has been annexed as Annexure-1 with the writ application to show that after considering the orders of the Supreme Court in C.A. No.6098 of 1997 (popularly known as ‘Justice Agrawal Commission’s case), services of petitioner and many others have been finally absorbed in the University with effect from the dates 2 mentioned against their names. Notification shows that petitioner’s services were absorbed with effect from 12.09.1986. It appears that subsequently, another notification was issued by the University contained in Memo No.67 dated 28.02.2009 by which, in partial modification of earlier notification as contained in Annexure-1, petitioner’s services have been absorbed with effect from the same date against sanctioned post of Lecturer of Hindi in the College. This notification says that payment of arrears as a consequence of such absorption shall be released after receipt of the grant from the Government. Petitioner has filed this writ application for a direction to the respondents to fix her pay in the scale of Rs.2200-4000 with effect from the date of her absorption i.e. 12.09.1986 and revise her pay, as per revised U.G.C. scale, in the scale of 8000-13500/- with effect from 01.01.1996 and grant her time bound promotion with effect from 12.09.1996 in the pay-scale of Rs.12000-18300. 3 Since the notification dated 28.02.2009, produced in Court, mentions that payment of arrears to the petitioner shall be made on receipt of grant from the Government, University is directed to consider the entitlement of the petitioner in the said scales and promotion as soon as the University receives the grant from the Government. While fixing scales and granting promotion to the petitioner, University shall also revise her entitlement to post retiral benefits and pay her arrears as expeditiously as possible. With the aforesaid observations and direction, the writ application is disposed of. BT (J. N. Singh, J.)