IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3240 of 2007 DARAKHSHAN NAZAM QUISHER, WIFE OF RAHMAN QUISHAR, RESIDENT OF MOHALLA- MUNGERIGANJ, P.S.- BEGUSARAI, DISTRICT- BEGUSARAI, PRESENTLY POSTED AS READER IN SUBJECT OF URDU IN S.K. MAHILA COLLEGE, BEGUSARAI, A CONSTITUENT UNIT OF LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA. ……….PETITIONER. Versus 1.THE STATE OF BIHAR. 2. THE SECRETARY CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 3. THE LALIT NARAYAN MITHILA UNIVERSITY, THROUGH ITS VICE-CHANCELLOR, LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA. 4. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA. 5. THE FINANCE OFFICER, L.N. MITHILA UNIVERSITY, DARBHANGA. 6. THE PRINCIPAL, S.K. MAHILA COLLEGE, BEGUSARAI. ……….RESPONDENTS. ----------- 02/ 25.11.2010 Heard learned counsel for the petitioner and learned counsel for Lalit Narayan Mithila University (hereinafter referred to as the University). Though the original prayer made in this writ application had read as follows: “That, this is application on behalf of the petitioner abovenamed is for issuance of a writ of Certioirari for quashing that lines of the letter no. 14882 dated 05.08.06(Annexure-10) in which it has stated that as per letter No. 1176 dated 20.7.2000 the salary difference of the petitioner prior to 1.1.86 is not admissible, ignoring the fact that by aforesaid letter i.e letter No. 1176 dated 20.7.2000 funds were made available to the universities and directions were given to pay current arrears not prior to 1.1.86 have been forfeited and issuance of writ of Mandamus commanding and directing the respondent authorities to recalculate the arrears of salary from year 1981-82 to 2001-02 as per fixation made on 06.05.2006 by the respondent i.e Rs. 18,720/- on 19.9.2004 which is the pay scale of a Reader payable to the petitioner and also a direction to pay the Deffar D.A. at the rate of 9% as direction made by the Hon’ble High Court and pay the same with 12 % interest too, deducting the paid amount of Rs. 14,040/- in the month of September 2006 against actual dues except D.D.A. amounting Rs. 3,59,621/-. but during the pendency of this writ application, the petitioner by filing I.A No. 6726 of 2010, has sought its modifiction by confining his claim for payment of salary in the pay scale of Reader in terms of the letter of the Human Resources Development Department (Higher Education Department) dated 16.05.2005, based on a communication of Ministry of Human Resources Development Department of Secondary and Higher Education, New Delhi dated 18.10.2002. It appears from the letter of Annexure-14 and Annexure-14/1 of the aforementioned I.A application, that the State Government has accepted the norms of fixation of pay as prescribed by the Central Government for the post of Lecturer Selection Grade/Reader in the following terms: (iii) “The fixation of the pay of the Lecturers( Selection Grade)/Readers under the MPS in the pre-revised scale of Rs. 3000-5000 who were selected strictly in accordance with the rules and regulations framed by the UGC and who were in position as Lecturers(Selection Grade)/Readers as on 1.1.96 will be made in a manner that they get their pay fixed at the minimum of Rs.14940/- in the revised scale of Rs. 12000-420-183000 as and when they complete 5 years in the grade/scale of Rs. 12000-18300”. Counsel for the petitioner has also referred to such an order of this Court dated 31.03.2009 in C.W.J.C No. 12432 of 2007, whereby and whereunder, the minimum pay of Rs. 14940/- has been directed to be paid to a Reader after completion of five years of service. Admittedly, the petitioner has completed five years of service on the post of Reader, inasmuch as his such promotion w.e.f 14.09.1992 as not fixed by the University, on 21.12.1995 and modified w.e.f 19.08.1986 by notification of the University dated 21.05.2000 would itself make himself eligible w.e.f 19.08.1991, but then in terms of the decision of the Central Government as adopted by the State Government and the University referred above, the petitioner will be entitled for getting basic pay scale of Reader of Rs. 14940/- only with effect from 01.01.1996. Learned counsel for the State who has filed a counter affidavit, also does not dispute that the petitioner’s entitlement for grant of pay as on 01.01.1996 is to the tune of Rs. 14,940/-. That being so, this application is disposed off with a direction to the respondents to ensure that whatever amount is payable to the petitioner in terms of the order of State Government dated 16.05.2005 as contained in Annexure-14 must be paid to him within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction this application is disposed off. Ranjan (Mihir Kumar Jha, J)