The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.

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 6^th PRC. Further vide Office Order No. 366/2015 of TMB University, the petitioner was allowed the benefit of 1^st MACP w.e.f. 14.04.2015, however, the petitioner was not paid the financial benefit thereof till date.

4. On 31.01.2019, the petitioner stood retired on attaining the age of 62 years. Notwithstanding the unblemished service and upon her superannuation, the University has sanctioned 90% pension to the petitioner along with admissible dearness relief w.e.f. February, 2019. Simultaneously, the Registrar of the TMB University vide letter no. 6823 dated 30.01.2019 determined and sanctioned gratuity amounting to Rs.2,51,722/- and ordered to pay 90% thereto.

5. It is the contention of the petitioner that there was no departmental proceeding/criminal case pending against her, nonetheless 10% of pension and gratuity were withheld. It is also contended that from July, 2016, the benefit of 7^th PRC was made admissible to the teaching and non-teaching employees of the University, including the TMB University and in terms thereof, the salary of the petitioner was to be fixed at Rs.40,400/- as on July, 2016 and on the date of retirement as on 31.01.2019, the petitioner was entitled to be paid at Rs.48,672/-, however, she was actually paid Rs.38,647/- in 6^th PRC.

6. On being aggrieved by the inaction of the respondent authorities of the TMB University in not according the rightful due claim of the petitioner, viz, pre and post retiral benefits she preferred the present writ petition, inter alia, for the following reliefs:

“(i) For issuance of an appropriate writ/order/direction in the nature of Mandamus commanding the respondents to revise pension, gratuity and leave encashment amount consequent upon fixation of pay of the petitioner in 7^th Pay Revision w.e.f. July 2016.

(ii) For a direction on the respondents to pay difference of salary w.e.f. July 2016 till the date of retirement i.e. 31.01.2019 in 7^th PRC.

(iii) For a direction to the respondents to pay difference of arrear of salary in 6^th PRC we.f 01.01.2006 to June 2016.

(iv) For a direction on the respondents to pay difference of pension, gratuity, and leave encashment amount on account