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IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, J.
(16.12.2021)
CWJC No. 17950 of 2021
Haider Ali : Petitioner
Vs.
State of Bihar & Ors. : Respondents
Service Law – Salary – Re-fixation and reduction of pay – Such communication is without notice to petitioner – It should have been proceeded by notice to concerned employee – Such a formal procedure has not been undertaken before issuance of communication – Petitioner has made out a prima facie case so as to interfere with communication – Impugned communication set aside reserving liberty to concerned respondent to initiate proceedings like issuance of detail show cause notice in respect of re-fixation and reduction of pay of petitioner. (Paras 3 and 4).
P. B. BAJANTHRI, J.:–Heard the learned counsels for the parties.
2. In the instant petition, petitioner has prayed for following reliefs:—
“1. That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions in the nature of mandamus commanding the Respondents authorities for payment of salary in the Pay Scale of PB1-1 (5200- 20200 +G.P. 2400) fixed as on 14.06.2011 and continued to received payment till April 2021. Further for quashing of Letter no. 1294 dated 17.05.21 issued by Respondent no. 4 to Respondent no. 3 and controvert the payment of petitioner’s Grade Pay from 2400/- to 1900/-, thereafter direction for payment of salary to petitioner in the same Pay scale which was stopped by Respondent no. 4 after issuance of Letter no. 1294 dated 17.05.2021.”
3. The impugned communication dated 17.05.2021 is relating to re-fixation of petitioner's pay and reducing his pay. Such communication is without notice to the petitioner. It should have been proceeded by notice to the concerned employee. Such a formal procedure has not been undertaken before issuance of communication dated 17.05.2021. Thus petitioner has made out a prima facie case so as to interfere with the communication dated 17.05.2021. Accordingly the communication dated 17.05.2021 is set aside reserving liberty to the concerned respondent to initiate proceedings like issuance of detail show cause notice in respect of re-fixation and reduction of pay of petitioner. In the event of issuance of show cause notice, the petitioner shall furnish his explanation within a period of one month from the date of receipt of notice to be issued by the respondent. Thereafter, the concerned respondent is hereby directed to take decision after due consideration of the each of the contention to be raised by the petitioner against show cause notice in his reply/explanation.
4. Accordingly, the instant petition stands allowed.
The central legal point established is that any order affecting the rights of an employee, such as the fixation of pay, should be passed only after affording an opportunity for hearing to the employe....
The binding nature of an employee's undertaking regarding the recovery of excess pay and the authority of competent authorities to re-fix pay scale based on applicable Pay Rules and Government Orders....
The central legal point established in the judgment is that any order affecting the rights of an employee, such as the fixation of pay, should be passed only after affording an opportunity for a hear....
The Court reiterated the necessity of adhering to principles of natural justice, emphasizing the requirement to notify parties before making decisions impacting their pay scales.
Any order affecting the rights of the employee must be passed only after providing an opportunity to the employee.
Failure to provide due process in pay verification can invalidate salary reductions.
The central legal point established is that any order affecting the rights of an employee should be passed only after affording an opportunity to the employee concerned, in accordance with the princi....
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