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2015 Supreme(Pat) 266

AJAY KUMAR TRIPATHI
Kedar Nath Pandey – Appellant
Versus
Magadh University, Bodhgaya Through Its Registrar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr Vinod Kumar Kanth, Mr. Purushottam Kumar Jha, Mr Avanindra Kumar Jha, Mrs Sandhya Mishra
For the State : Mr. Md. N. Hoda Khan, Mr Md. Harun Quareshi
For the University : Mr Girijish Kumar

CAV JUDGMENT

The six petitioners, who are all Readers in different Colleges under Magadh University, have been hit by a unilateral decision taken by the Pay Verification Cell constituted by the Education Department, Government of Bihar in terms of Annexure- 8 series. The impugned decision has the effect of shifting the date of their absorption in service after many many years. This will not only affect their pay fixation etc. but will also have the effect of taking away the benefit of promotion granted on the basis of the earlier date of absorption in service. The decision contained in Annexure- 8 series according to the petitioners are unilateral without any opportunity of hearing or notice as well as being beyond powers of the Pay Verification Cell and in total derogation of the provisions of the Bihar Universities Act.

2. Interlocutory Application has been filed subsequently, which was numbered as 8646 of 2014. This IA also challenges the constitution and validity of the Pay Verification Cell constituted by the State Government on many a grounds including the fact whether the same are in the teeth of Section 4 (1)(14) of the Bihar Universities Act. The above IA is allowed.

3. Th


























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