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IN THE HIGH COURT OF JUDICATURE AT PATNA
RITESH KUMAR
Manta Gond Son of Late Vindhyachal Gond – Appellant
Versus
State of Bihar through Principal Secretary, Education Department, Bihar, Patna – Respondent
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 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.
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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