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Patna High Court - Orders

Dr. Sachchidanand Prasad Singh vs The State Of Bihar And Ors on 1 July, 2024

Author: Anil Kumar Sinha

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.17279 of 2016
               ======================================================
               Dr. Sachchidanand Prasad Singh S/o Late Dhanukdahri Singh, R/o Village-
               Poona, P.S.- Hilsa, District- Nalanda. A/p at Mohalla- Barah Pathal, P.O. P.S.
               Samastipur, District- Samastipur.

                                                                        ... ... Petitioner/s
                                                Versus
          1.   The State Of Bihar through the Principal Secretary, Department of Human
               Resources Development, Government of Bihar, Patna.
          2.   The Principal Secretary, Department of Human Resources Development,
               Govt. of Bihar, Patna.
          3.   The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga.
          4.   Principal RNAR College, Samastipur.
          5.   University Grants Commission Bahadur Shah Zafer Marg, New Delhi.
          6.   The Secretary to the Government of India in Ministry of Human Resources
               Development of Education, New Delhi.

                                                         ... ... Respondent/s
               ======================================================
               Appearance :
               For the Petitioner/s   :      Ms.Renu Jha, Advocate
               For the Respondent/s   :      Smt.Shilpa Singh-GA 12
                                      :      Mr. Ram Vinay Pd. Singh, AC to GA 12
               For U.G.C.             :      Mr. Deepak Kumar, Advocate
               For University         :      Md. Iqbal Asif Niazi, Advocate
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                     ORAL ORDER

4   01-07-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner is seeking a direction for grant of two advance increments of Ph.D. degree, which the petitioner obtained prior to 01.01.1996.

3. Learned counsel for the petitioner submits that U.G.C. granted two advance increments w.e.f. 27.07.1998 to those who acquired Ph.D. degree during service prior to 01.01.1996. However, as per the U.G.C. Letter no. F5-3/2001 Patna High Court CWJC No.17279 of 2016(4) dt.01-07-2024 2/3 (PS) dated 31.08.2001, addressed to all the Registrars of the Universities of India, the benefits of having two increments were implemented to the Teachers, who acquired Ph.D. degree on or after 01.01.1996 w.e.f. 27.07.1998.

4. Learned counsel for the University as well as State submit that the State Government has come out with a Circular, granting the actual benefits of two increments for having the Ph.D. Degree, on or before 01.01.1996 w.e.f. 23.07.2010 and the petitioner is aggrieved by the said Circular dated 23.07.2010 of the Government of Bihar, annexed as Annexure- IA to this writ application. They further submit that petitioner has filed representation before the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna, which is annexed as Annexures 4 and 5 and the same may be directed to be disposed in accordance with law and applicable Circular.

5. Having heard learned counsel for the parties and taking into consideration the nature of prayer made in the writ application, the Additional Chief Secretary, Education Department, Government of Bihar, Patna (respondent no. 2) is directed to dispose the representation of the petitioner (Annexures 4 and 5), within a period of five months from the Patna High Court CWJC No.17279 of 2016(4) dt.01-07-2024 3/3 date of receipt/ production of a copy of this order. However, the petitioner shall be at liberty to file supplementary statement and documents before respondent no. 2 in support of the representation, already filed, if so advised.

6. With the aforesaid observations and directions, the present writ application is disposed.

(Anil Kumar Sinha, J) rinkee/-

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