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HARISH KUMAR
Bimal Kumar Bimal – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—Considering the identical nature of grievance based upon similar facts, with the consent of all the parties; these batch of the writ petitions were heard simultaneously and being disposed off by this common order/judgment.
2. The issue involved in the batch of these writ petitions is in narrow compass with regard to the applicability and entitlement of the petitioners to the benefit under the amended provisions of the Assured Career Progression Scheme (hereinafter referred to as ‘the ACP Scheme’) and its quantified benefits thereupon as well as the entitlement to interest on Group Insurance Scheme at the rate of 12.5% and the interest at the rate of 9% on the deferred dearness allowance along with statutory interest over the delayed payment.
3. Before answering the issue involved in the present writ petitions, the necessary facts, which are germane for adjudication are required to be taken note of.
4. The petitioners in all the batch of the writ petitions are retired Office Assistants/Accounts Assistant and Senior Selection Grade Assistant of L. N. Mithila University. Aggrieved by the inaction of the respondent State as well as University authorities, they are invokin
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
The ACP Rules were not part of the salary grant, and the statutory provisions did not entitle non-teaching employees parity with government employees with respect to the ACP Rules.
The discretionary nature of state policy decisions regarding pay revisions is upheld, with no obligation to adopt central schemes mandatorily.
The State Government lacks jurisdiction to cancel a university's regularization notification, which violates principles of equality and the Bihar State Litigation Policy.
Points Of Law : Any amounts paid to appellants under order of the Principal dated or even under the order of learned Single Judge (if any) will not be sought to be recovered from appellants.
Autonomous institutions receiving public funding must adhere to the principles of equality in pay, ensuring parity for similar job roles under constitutional mandates.
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
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