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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
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 Verification Cell, Education Department, Government of Bihar by which the pay scale has not been provided to the petitioner in light of the letter contained in Memo no. 1139 dated 18.6.2014 issued under the signature of the Joint Secretary, Education Department, Government of Bihar.
(iii) For issuance of an appropriate writ in the nature of mandamus commanding the respondent authorities to pay the scale of
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.
The central legal point established in the judgment is the entitlement of the petitioner to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission,....
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