Legal entitlement to pay scales depends on prescribed qualifications, emphasizing adherence to natural justice principles in administrative decisions.

JUDGMENT :

Ajit Kumar, J.

Heard Mr. Sanjeev Kumar Mishra, learned Senior Counsel for the petitioner duly assisted by Ms. Adya Pandey, Smt. Binita Singh, learned SC-28 for the Respondents-State and Mr. Arabind Nath Pandey, learned counsel representing the Vir Kunwar Singh University, Ara.

2. The present petition has been filed for the following relief(s):-

“(i) For quashing the order contained in Memo No. 3302 dated 07.12.2019 issued under the signature of the respondent Vice Chancellor by which the earlier letter dated 24.9.2018 passed by the then Vice Chancellor was modified in terms of letter no. 702 dated 25.7.2019 issued by the Pay Verification Cell, education Department, Government of Bihar.

(ii) For quashing the order contained in letter no. 702 dated 25.7.2019 issued by the Pay Verification Cell, Education Department, Government of Bihar by which the pay scale has not been provided to the petitioner in light of the letter contained in Memo no. 1139 dated 18.6.2014 issued under the signature of the Joint Secretary, Education Department, Government of Bihar.

(iii) For issuance of an appropriate writ in the nature of mandamus commanding the respondent authorities to pay the scale of 5500/- to 9000/- as per the pay scale provided by the state government vide its letter contained in Memo no. 1139 dated 18.6.2016 issued by the Department of Education, Government of Bihar with effect from 1.4.1997.

(iv) Any other order or orders as your lordship may deem fit and proper and in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Lab Incharge at H.D. Jain College, Ara and since then he discharged his duties to the full satisfaction of his superiors. Further, vide Notification as contained in Memo No. 1040 dated 21.11.2007, the petitioner is said to have been promoted on the post of Storekeeper. It has next been submitted that the promotion so granted to the petitioner was cancelled by the order of the Vice Chancellor, Vir Kunwar Singh University, Ara, which is contained in Memo No. 686 dated 20.08.2011.

4. It is the case of the petitioner that the order of cancellation dated 20.8.2011 was challenged by the petitioner by filing a writ petition bearing CWJC No. 16260 of 2011, which was allowed vide order dated 16.12.2011 and the order dated 20.08.2011 was quashed by this Hon’ble Court. It has next been submitted that the order passed by the Hon’ble Court was given effect to, and the petitioner was restored to the post of Storekeeper but was not allowed the pay-scale of 5500/- to 9000/- w.e.f 01.04.1997.

5. It is in this background, non-teaching employees of the University went on strike and due to strike, the studies of the University/Colleges got affected and accordingly, the students sought intervention of the Hon’ble the Chief Justice of Patna High Court by sending letters to this effect, who treated the said letter sent by the students as Public Interest Litigation. Thereafter, a formal writ petition bearing CWJC NO. 17870 of 2008 was registered and necessary directions were issued for implementation of the commitment given by the State Government during the period of strike. It is further submitted that despite representation having been made by the petitioner before various forums, no heed was paid by the authorities concerned and accordingly, the petitioner was compelled to file another writ petition bearing CWJC No. 1813 of 2017, which was disposed of vide order dated 07.09.2017 with a direction to the petitioner to file a representation before th