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IN THE HIGH COURT OF JUDICATURE AT PATNA
AJIT KUMAR
Md. Shahid, Son of Late Jahid – Appellant
Versus
State of Bihar, through the Principal Secretary, Human Resources Department, Government of Bihar, New Secretariat, Patna – Respondent
| Table of Content |
|---|
| 1. challenge to modification and denial of pay scale (Para 2 , 3 , 4) |
| 2. previous legal action and directions (Para 5 , 6) |
| 3. arguments against entitlement to pay scale (Para 8 , 9 , 10) |
| 4. pay scale criteria based on qualification (Para 11 , 12) |
| 5. violation of natural justice in decision making (Para 20 , 21) |
| 6. directions for representation and consideration of pay claim (Para 22 , 23) |
JUDGMENT :
Ajit Kumar, J.
Heard Mr. Sanjeev Kumar Mishra, learned Senior Counsel for the petitioner duly assisted by Ms. Adya Pandey, Smt. Binita Singh, learned SC-28 for the Respondents-State and Mr. Arabind Nath Pandey, learned counsel representing the Vir Kunwar Singh University, Ara.
2. The present petition has been filed for the following relief(s):-
“(i) For quashing the order contained in Memo No. 3302 dated 07.12.2019 issued under the signature of the respondent Vice Chancellor by which the earlier letter dated 24.9.2018 passed by the then Vice Chancellor was modified in terms of letter no. 702 dated 25.7.2019 issued by the Pay Verification Cell, education Department, Government of Bihar.
(ii) For quashing the order contained in letter no. 702 dated 25.7.2019 issued by the Pay Verific
Legal entitlement to pay scales depends on prescribed qualifications, emphasizing adherence to natural justice principles in administrative decisions.
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
Points Of Law : Any amounts paid to appellants under order of the Principal dated or even under the order of learned Single Judge (if any) will not be sought to be recovered from appellants.
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