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2024 Supreme(Pat) 907

IN THE HIGH COURT OF JUDICATURE AT PATNA
SATYAVRAT VERMA, J.
CWJC No.16104 of 2024
(13.11.2024)
Suray Deo Paswan ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: M/s Anil Singh, Ritesh Kumar.
For the State : M/s Kameshwar Pd. Gupta, GP 10, Satya Vrat, AC to GP-10.
For the University : Mr. Pankaj Kumar Singh.

Headnote:

University Law – Pay Fixation/Verification – It is settled principles of law that if by a decision some civil consequences follow in that event the aggrieved must be heard and in the present case there was a specific direction of the High Court in earlier round of litigation that the pay verification cell cannot take a decision unilaterally with regard to sealing down of the pay scale of an employee of the university – In earlier round of litigation, in CWJC No. 7636 of 2014, it has been held that pay verification cell does not have the power to amend the earlier decision of the university, rather the university has to be noticed and the university in turn will notice the affected employee and after considering the reply, if pay verification cell is not satisfied in that event university will be asked to issue corrigendum, i.e., pay verification cell on its own cannot fiddle with the pay scale of the employees – In the present case, the petitioner was never noticed nor any explanation was sought from him to scaling down his scale as such an order passed is complete breach of the principles of natural justice cannot be sustained – Impugned order along with pay verification certificate issued under the signature of the authorized officer, pay verification cell, Department of Education, Bihar are quashed and the matter remanded back to the state authorities for proceeding afresh in accordance with law. (Paras 25, 26 & 27)

2013 (1) PLJR (SC) 233 – Referred.

Satyavrat Verma, J.—Heard learned counsel for the petitioner, learned AC to GP-10 and learned counsel appearing on behalf of the Magadh University.

2. The instant writ application has been filed seeking quashing of the letter No. 15/M 1-73/2022-2792 dated 22-7- 2023 issued by the Director, Higher Education, Department of Education, Government of Bihar (Annexure-16) addressed to the In-charge Officer, Pay Verification Cell, Department of Education, based on which pay verification certificate No. 1711220100242 has been issued by the authorised officer, Pay Verification Cell (Annexure-14), whereby basic pay of the petitioner as on 1-1-2016 has been fixed at Rs. 44100 instead of Rs. 49600, in complete breach of the Principle of Natural Justice and in violation of the order passed by the Hon'ble Supreme Court in Civil Appeal No. 516 of 2013 (State of Bihar and Ors vs. Sunny Prakash & Ors.), on the ground that despite opportunity of rectification of the objection being given to the University, by the pay verification cell, the objection is not being rectified resulting in delay in pay fixation, hence pay verification cell has been directed to issue pay verification certificate unilaterally. Further to quash the pay verification certificate No. 1711220100242 (Annexure-14), whereby basic pay of the petitioner has been reduced and the petitioner has been designated as Compounder and to direct the respondents not to interfere with the pay verification done by the Statutory Pay Fixation Committee of the University and to restore the pay scale and designation of the petitioner, fixed by the University, since the same is in consonance with the direction of Hon'ble Supreme Court in Civil Appeal No. 516 of 2013 and to pay the withheld consequential benefit on account of non-issuance of pay verification certificate, by the pay verification cell, Department of Education, Government of Bihar.

3. Learned counsel appearing on behalf of the petitioner, Shri. Anil Singh, submits that before making submission on merits, it is pertinent to state certain relevant facts which have bearing on adjudication of the instant case. It is submitted that petitioner is a non-teaching employee of the University and was appointed on the vacant past of Dresser in Magadh University, Medical Centre vide order dated 12-9-1985 (Annexure-1) issued by the Registrar of the University, on temporary basis in the pay scale of Rs. 2535-10-645-15-E.V. 15- 765 @ Rs. 535, the petitioner joined on 13-9-1985, further the service of the petitioner as Dresser was confirmed vide memo dated 25.1.1993 (Annexure-2) issued by the Registrar of the University with effect from 12-9-1985.

4. The learned counsel submits that there was no service condition in the University for the non-teaching employees of the University and its constituent colleges in the State of Bihar and they use to be governed by Circulars/Office Orders issued from time to time by the State Government or Vice-Chancellor. The Vice-Chancellor was their appointing authority, on account of the fact that there was no service condition of non-teaching employees, strikes became frequent, which led the Department of Education, Government of Bihar to declare the non-teaching staffs of the University and its constituent colleges, equivalent to State Government staff vide order dated 25.2.1987, thereafter an agreement was entered in between the Federation of the University Employees and the State of Bihar on 16.7.2003, with regard to parity between the employees of the constituent colleges of the University and the State Government, further the State of Bihar on 21.7.2003 sent the said agreement dated 16.7.2003 to all the Vice-Chancellors of the University for necessary action, since the agreement dated 16-7-2003 was not being implemented by the University, as such the non-teaching staffs went on strike in 2005 and 2007. In pursuance of the strike of 2007, an understanding was arrived at with the State Government on 18.7.2007 for cons

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