Failure to provide due process in pay verification can invalidate salary reductions.

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 22-12-2025 Heard learned counsel for the petitioner, learned counsel for the Respondent-University and learned counsel for the Respondent-State.

2. The petitioner in the present writ application has prayed for the grant of following reliefs:-

“i) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the Pay Verification Letter vide Receipt No.20072206000047 issued by the Authorized Officer of the Education (PVC) Department whereby and where under the Pay Verification Cell of the Education Department reduced the pay-scale of the petitioner from Level -8 to Level-7 and from Rs.70,000 on 01.01.2022 to Rs.64,100 on 01.01.2023 on the ground that it was issued without asking any show-cause notice or opportunity of hearing to the petitioner either by the Pay Verification Cell as well as Respondent University as also contrary to the fixation made by the Statutory Pay Fixation Committee of the Respondent University and Pay Verification Cell has no authority to reduce the salary of the petitioner as held by this Hon'ble Court in catena of decisions as also the letters issued by the Education Department. ii) For issuance of an appropriate writ in the nature of MANDAMUS ,commanding and directing the Respondent University to not alter the fixation made by the Respondent University in view of the fixation made by the Pay Verification Cell of the Education Department. iii) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent University to grant the pay -scale of Rs.5500-9000 with effect from 01.01.1996 to the petitioner admissible to the post of Assistant in view of the memo no.1192 dated 23.06.2014 issued by the Education Department pursuant to the judgment and order of the Hon'ble Supreme Court in the case of Sunny Prakash Case as also to grant the benefits of first ACP with effect from 19.04.2002 in the pay-scale of Rs.6500- 10500 and Grade Pay -4600 with effect from 01.01.2006, the benefit of second MACP with effect from 19.04.2010 in the Grade Pay-4800 and the benefits of third MACP with effect from 19.04.2020 in Level-9. (iv) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the Respondent Authorities to pay the differences of arrears of salary of the petitioner and other of consequential benefits with interest in view of the grant of prescribed pay-scale of Assistant Rs. 5500-9000 with effect from 01.01.1996 and other consequential benefits with interest. (v) For issuance of any other appropriate writ/writs order /orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.”

3. Learned counsel for the petitioner submits that one of the grounds on which he has challenged the pay verification letter issued vide Receipt No. 20072206000047 issued by the Authorised Officer of the Education (PVC) Department is that the petitioner's pay scale was reduced without giving any opportunity of hearing to the petitioner. In this regard, a specific statement has been made in paragraph-14 of the writ application which is quoted hereinbelow for the needful:-

“14. That, it is stated that without asking any show-cause notice or opportunity of hearing to the petitioner, the Respondent no.5 was pleased to reduce the pay-scale of the petitioner from Grade Pay-4200 to Grade Pay- 2800 with effect from 01.01.2006, Grade Pay-4600 to Grade Pay-4200 with effect from 19.04.2010, Level-8 to Level-7 with effect from 01.01.2016 vide Pay Verification Letter Receipt No.20072206000047.”

4. Learned counsel for the Respondent-State and learned counsel for the Respondent-University are directed to file their counter-affidavits giving para-wise r