IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1606 of 2003 MD.SHAKIL s/o Md. Ali Hasan, resident of Mohalla- Bibi Parkar, P. S. – Laheriasarai, District Darbhanga…. Petitioner. Versus 1. THE L.N.MITHILA UNIVERSITY, Kameshwar Nagar, Darbhanga. 2. The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 3. The Registrar, Lalit Narayan Mithila University, Darbhanga. 4. the Principal, Millat College, Laheria Sarai, Darbhanga. … respondents. ----------- 4. 26.07.2010 Heard learned counsel for the petitioner. No one appears for the University. The prayer of the substituted petitioner while assailing the impugned decision reducing the pay-scale of his father Late Md. Ali Hasan the original writ petitioner reads as follows; (a) Quashing the reduction made by the respondents of the petitioner’s pay scale of Rs.2200/- to Rs.4000/- paid from January, 1990 which had reached the stagnation level of Rs.4000/- in August, 1996 to Rs.2200/- as on 1.2.1998 treating the date of his initial appointment as Lecturer inspite of the fact that the petitioner had been duly appointed as a Lecturer on 15.7.76 and also as contained in Letter No. 7670- 7713 dt. 19.6.2002 by respondent no. 3. (b) Restraining the respondent University from changing the date of initial appointment of the petitioner from 17.7.76 to 1.2.1998.” 2 Learned counsel for the petitioner with reference to the aforementioned prayer would submit that there is no dispute that the original writ petitioner was appointed by the Vice-Chancellor in the prescribed manner and had continued in service in Millat College, a constituent unit of L. N. Mithila University till his death on 15.11.2005 while holding the post of lecturer in the College. He would therefore submit that the refixation of salary made without issuing notice and/or giving opportunity of hearing to the original writ petitioner, as is borne out from a perusal of the certificate issued by the Principal of the College, reading as follows: “ This is to certify that the pay drawn by Dr. Md. Ali Hassan, Lecturer, Deptt. of Pol. Sc. Millat College, Darbhanga in June 2002 is as per details given below:- 1. Salary - Rs. 4000/- 2. D. A. - Rs. 8,785/- 3. M A. - Rs. 50/- 4. H. A. - Rs. 400/- ____________ Rs. 13,235.00/- According to New Pay Fixation by the University in 1999 the Salary of Dr. Ali Hassan has been fixed at Rs.2,200/- on 1.2.1998. This new pay has been implemented from the month of July 2002. On the basis of New Pay Fixation details is as follows;- 1. Salary Rs. 2,500.00 3 2. D. A. Rs. 6,550.00 3. M.A. Rs. 50.00 4. H. A. Rs. 220.00 ________ Rs. 9, 320.00 by itself would be illegal in view of the blatant violation of the principles of natural justice. In this context, he has also referred to certain more averments made in three supplementary affidavits filed on behalf of original writ petitioner. The problem for this Court is that neither the counsel for the University is present nor there is a counter affidavit on behalf of any of respondents in this case which was filed way back more than some seven years ago on 11.2.2003. This court would also find an interim order restraining the authorities of the University to make any deduction from the salary of the original petitioner in terms of the impugned order was passed on 3.3.2003. In that view of the matter, this Court would direct the Vice Chancellor and the Registrar of the University to look into the grievance of the substituted petitioner for whom now nothing remains beyond certain monetary entitlement of the deceased petitioner. 4 It is, however, made clear that now when the original writ petitioner is already dead, no recovery would be made from his heir, the substituted petitioner of this case inasmuch as there was no fraud or misrepresentation on the part of the original writ petitioner but then if the original writ petitioner is not found entitlement for such payment of higher amount of Rs.13235/-, his actual retirement benefit would be computed on the basis of the last payable salary of Rs. 9050(including D.A.) or any other amount which is fixed as per statutes by University upon prior verification made by the auditors of the State Government in the matter of fixation of pay. Such exercise must be completed by the Registrar of the University within a period six months from the date of receipt/production of a copy of this order and after obtaining order of the Vice-chancellor also communicate such decision to the petitioner. To expedite the matter, the substituted petitioner is given liberty to file a compact representation along with a copy of this order on which 5 the Registrar of the University will take his final decision as indicated above and if the claim of the petitioner is rejected the reasons must also be communicated. It also goes without saying that if the petitioner would be entitled for any further amount admissible to him confined to relief portion, that would also be extended to him within next three months. With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)