IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5133 OF 2004 KUMAR KESHAV MOHAN SINGH, AGED ABOUT 62 YEARS, SON OF LATE RAJENDRA NARAYAN SINGH, RESIDENT OF MOHALLA 37, A.P. COLONY, POLICE STATION RAMPUR, DISTRICT GAYA …………………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HIGHER EDUCATION DEPARTMENT, HAVING HIS OFFICE AT VIKASH BHAWAN, NEW SECRETARIAT, POLICE STATION SACHIVALAYA, DISTRICT PATNA 2. THE JOINT SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, HAVING HIS OFFICE AT VIKASH BHAWAN, NEW SECRETARIAT, POLICE STATION SACHIVALAYA, DISTRICT PATNA 3. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA 4. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA 5. THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA 6. THE PRINCIPAL, A. M. COLLEGE, GAYA, DISTRICT GAYA …………………………………………………………………….RESPONDENTS ******** 3 29/11/2010 The petitioner claims that his salary has been wrongly fixed by the Magadh University in the scale of Rs. 4500-5700 to Rs. 5250/-. The petitioner claims that his salary should be fixed at Rs. 5400. To substantiate his point, the only claim before this Court is that the salary of one Shri Satendra Kumar Singh and Dr. Umeshwar Prasad, who were appointed in A. M. College, Gaya after the appointment of the petitioner on 11.11.1965 and 16.10.1975 has been fixed at a higher scale of Rs. 5400/- as compared to scale fixed in the case of the petitioner. It is submitted on behalf of the petitioner that the respondents were subsequently promoted to the post of Reader on 11.11.1983 and 24.10.1981 and on the post of 2 Professor on 11.11.1990 and 16.11.1990, whereas the petitioner was appointed prior to the aforesaid two persons and was granted promotion to the post of Reader on 20.05.1983 and subsequently to the post of Professor on 16.07.1990. It is submitted that there appears to be some error in fixing the salary of the petitioner. The petitioner retired on 31.07.2002. The matter has been pending before this Court since 2004 and no affidavit has been filed on behalf of the Magadh University. In the circumstances, it would only delay the entire matter if this Court waits for a counter affidavit. I, therefore, direct the petitioner to file a representation before the Registrar and the Finance Officer of the Magadh University, who will examine the case of the petitioner in the light of the aforesaid facts. The University would also examine whether Satyendra Kumar Singh and Dr. Umeshwar Prasad have been fixed the correct salary. After examining the matter, the Registrar along with the Finance Officer of the Magadh University should pass appropriate orders within a period of four months from the date of receipt/production of a copy of this order before them. If it is found that the petitioner is entitled to the payment of salary of Rs. 5400/-, then steps should be taken to make calculations 3 for revising the sale of the petitioner and calculating the retiral benefits and make payment thereof within a period of six months thereafter. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )