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IN THE HIGH COURT OF JUDICATURE AT PATNA
Harish Kumar
Kanchan Sah, Wife of late Dr. Nand Lal Sah – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner’s entitlement to compassionate appointment and pension benefits. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. details of grievances regarding unpaid benefits post-retirement. (Para 7 , 8) |
| 3. contestation of pay fixation by petitioner and reliance on statutory committee. (Para 10 , 14) |
| 4. arguments regarding entitlement to benefits under pay revisions. (Para 11 , 12) |
| 5. responsibility of pay verification cell and amended pay slip issuance. (Para 16 , 18 , 19) |
| 6. judicial review of pay fixation authority and precedents from previous cases. (Para 20 , 21 , 22 , 25) |
| 7. final directions regarding payment mandates. (Para 27) |
| 8. court's order to set aside incorrect pay determination and ensure due payments. (Para 28 , 29 , 30) |
JUDGMENT :
HARISH KUMAR, J.
Heard Mr. Shivendra Kishore, learned Senior Advocate for the petitioner, Mr. Ashhar Mustafa, learned Advocate for the Tilka Manjhi Bhagalpur University, Bhagalpur (hereinafter referred to as ‘the TMB University’). The State is represented by Mr. Rajeev Ranjan, learned Advocate.
2. The husband of the petitioner died in harness on 09.02.2005, while posted as University Professor and Head of the Department of Botany from S.S.V. College
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
Legal entitlement to pay scales depends on prescribed qualifications, emphasizing adherence to natural justice principles in administrative decisions.
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