IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16690 of 2018 ======================================================

Vedanand Ram and Ors ... ... Petitioner/s Versus The State Of Bihar and Ors ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ratan Kumar For the Respondent/s : Mr.Anant Pd. Singh - Sc15 ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

5 10-03-2026 Learned counsel for the petitioners are said to have approached this Court by filing a writ petition being C.W.J.C. No.899 of 2015, wherein a Co-ordinate Bench of this Court had the occasion to dispose of a writ petition by passing the following orders, which is extracted hereunder :-

“Similar kinds of disputes have travelled to this Court one to many times. The question which arises for consideration is whether a set of employees can be paid two different pay scales by an employer merely because one succeeded in getting a judicial order which was upheld right up till the Hon'ble Apex Court and the others decided to approach the Court subsequently. This Court had occasion to deal with such matter in quiter detail in a batch of writ applications starting with CWJC No.15661 of 2014 which was the case of Md. Najmuddin & Ors. Vs. State and other analogous cases decided on 07.04.2015. The rationale and reasoning provided therein also applies to the case of the present petitioners.

2. With such observations, the directions were issued to the respondent to take a final decision in respect of these petitioners. The order has not been complied with and the petitioners had the occasion to file a contempt petition being M.J.C. No.2242 of 2016, and during pendency of the contempt petition, the State authorities had put the said order passed by the Co-ordinate Bench under challenge in L.P.A. No.2195 of 2016, The State of Bihar and Others v. Vedanand Ram and Others, in which following orders were passed, which is extracted hereunder :-

Apart from the fact that there is a delay of more than 332 days in filing of the appeal by the State Government, the order passed by the learned Single Judge is to the University to take a decision comparing the case of the petitioner with similarly situated persons and communicate the decision.

That being so, the University can examine the matter and, for reasons to be indicated in writing, can or cannot extend the benefit to the petitioner. In case the University holds that the petitioner is not entitled for the relief, it will have to pass a reasoned and speaking order.

At this stage, when the University can always take a decision in accordance with law, we are not inclined to interfere into the matter. Granting time to the University and the State Government to take a decision in accordance with law and the directions issued by the learned Writ Court, we dispose of the matter.

3. It has next been submitted that the University had also preferred a Letters Patent Appeal being L.P.A. No.1052 of

2017, The Bihar Agricultural University and Others v Vedanand Ram and Others, before the Hon’ble Division Bench which also stood disposed of with the following observations, which is extracted hereunder :- Delay of 1 year and 234 days in filing of the appeal is condoned and I.A. No. 5282 of 2017 stands allowed and disposed of.

Keeping in view the reasons indicated in I.A.

No.5282 of 2017 and the fact that against the same order passed on 2.11.2015 in C.W.J.C. No. 899 of 2015, L.P.A. No. 2195 of 2012 filed by the State Government has been disposed of by this Bench on 28.3.2018, we see no reason to reject the prayer for condonation of delay.

Keeping in view all these factors, I.A.

No.5282 of 2017 is allowed and delay in filing of the appeal stands condoned.

As already indicated hereinabove, against the same impugned order passed in C.W.J.C. No. 899 of 2015 this Bench on 28.3.2018 by a detailed order has disposed of the L.P.A. filed