IN THE HIGH COURT OF JUDICATURE AT PATNA
RITESH KUMAR, J.
Manta Gond Son of Late Vindhyachal Gond - Petitioner
Versus
The State of Bihar through Principal Secretary, Education Department, Bihar, Patna. - Respondents
Civil Writ Jurisdiction Case No.7684 of 2022
Decided On : 18-03-2026
University Law – Pay Scale – Reduction – Pay Verification Cell has got no jurisdiction to unilaterally reduce pay of University employee – Pay Verification Certificate has been issued in complete violation of Principles of Natural Justice, since no notice was issued to petitioner, before reducing his pay scale – Pay Verification Certificate quashed and matter is remitted back to State-Respondents for proceeding afresh in accordance with law – Writ Petition allowed. (Paras 11, 12 and 13)
ORDER :
Heard the parties.
2. At the outset, the learned counsel for the petitioner submits that due to inadvertence, in prayer portion, i.e., paragraph no.1(I), instead of year 2017, the same should have been mentioned as year 2007.
3. The learned counsel for the petitioner is permitted to make necessary correction in the prayer portion i.e. paragraph no.1(I) during course of the day.
4. The present writ petition has been filed for the following reliefs:
“(I) For issuance of an appropriate writ, order or direction in the nature of certiorari for quashing of the fixation of pay scale of petitioner by Pay Verification Cell, by which the pay verification cell has fixed the less Pay Band i.e.5200-20200\- whereas the petitioner is entitled to its revised pay scale and the University has already fixed pay Band of Rs. 5200-20200\- to the petitioner in years 2007 itself and petitioner was getting salary as per fixation done by University.
(II) For issuance of an appropriate writ, order or direction in the nature of mandamus directing the respondent authorities to pay the salary to the petitioner on the basis of pay fixation and its revised pay scale fixed by the University. (iii) For issuance of an appropriate writ, order or direction in the nature of mandamus directing the respondent authorities to decide the representation given by petitioner to respondent authorities regarding his grievance within short span of time.”
5. The brief facts, giving rise to the present writ petition, are that the petitioner was appointed on the post of Peon, Class IV post, in Gram Bharti College, Ramgarh on 06.02.1981, which was within the jurisdiction of Magadh University at the relevant time. After creation of the Veer Kunwar Singh University, the college came within the jurisdiction of Veer Kunwar Singh University, Ara. The college in question was a 4th Phase constituent college, which was taken over by the State Government in 4th phase and the matter with regard to absorption of the services of the teaching and non-teaching employees of 4th phase colleges travelled upto the Hon’ble Supreme Court of India, wherein the Hon’ble Supreme Court of India constituted a one man inquiry Commission headed by Hon’ble Mr. Justice S.C. Agrawal (Retd.) and the same is known as Justice Agrawal Commission. The Commission after due inquiry submitted its report before the Hon’ble Supreme Court of India and the same was accepted by the Hon’ble Supreme Court of India and all the objections thereto were rejected. Pursuant to the report of the Justice Agrawal Commission, vide notification dated 12.03.2005, the petitioner was absorbed in the services in the college w.e.f. 13.02.1981, however in view of the report of the Hon’ble Justice Agrawal Commission, the services of the petitioner was confirmed w.e.f. 05.05.1983 on the post of Peon vide notification dated 24.05.2006.
6. The learned counsel for the petitioner submits that vide notification dated 31.03.2016, the petitioner was granted the benefits of A.C.P. and M.A.C.P. from the due date and in the due pay scale. The petitioner was granted the pay scale of Rs.5200-20200/- w.e.f. 05.05.2007 and his pay on 05.05.2007 was fixed at Rs.7340/- with Grade Pay of Rs.1650/-. Subsequently, the petitioner was granted the 2nd A.C.P./M.A.C.P. on 05.05.2013 in the pay scale of Rs.5200-20200/- and his pay was fixed on 05.05.2013 at Rs.9440/- with Grade Pay of Rs.1800/-. Subsequently, the University again fixed the pay scale of the employees of the college and the University. From perusal of the pay fixation chart relating to the concerned college, wherein the name of the petitioner is mentioned at Serial No.11, it appears that the petitioner was granted the benefit of 7th pay revision and his pay as on 01.07.2017 was fixed at Rs.13610/-.
7. The learned counsel for the petitioner submits that vide Pay Verification Certificate No.01041904022320, the Pay Verification Cell of the Education Department of the State Government fixed the pay of the p
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
Failure to provide due process in pay verification can invalidate salary reductions.
The main legal point established in the judgment is the illegality of reducing the petitioner's pay-scale without adhering to principles of natural justice, and the emphasis on equal treatment of emp....
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