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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
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, Kahalgaon under TMB University.
3. The petitioner having qualification of M.A. in Political Science, applied for her appointment on compassionate basis; accordingly on recommendation of Compassionate Committee, the petitioner was appointed on Class-III post in the pay scale of Rs.1200-1800/- vide Office Order No. 63 of 2005 dated 14.04.2005. The pay scale of the petitioner was further revised in the pay scale of Rs.4000-6000/- (Grade Pay Rs.2400/-) in fifth Pay Revision Commission (in brevity ‘PRC’). Later on, the said pay scale of Rs.4000-6000/- was further revised in the pay scale of Rs.5200-20,200/- w.e.f. 01.01.2006 in 6th PRC. Further vide Office Order No. 366/2015 of TMB University, the petitioner was allowed the benefit o
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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