IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19484 of 2025 ======================================================

Madhav Narayan Jha S/o- Late Prabodh Narayan Jha, Resident of Mohalla-

Navtoli (Mangrauni), P.S- Rajnagar, District- Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Higher Education, Department of Education, Government of Bihar, Patna.

3. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Shankar Kumar Thakur, Advocate For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23 Mr. Arvind Kumar, AC to GP-23 For the LNMU : Mr. Bindhyachal Rai, Advocate Mr. Apoorva Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 09-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ application has been filed for the following reliefs:-

(i) For quashing the Pay Verification Certificate bearing Receipt No.2607220801494 dated 17.04.2023 (sent through speed post) issued by the authorized officer, Pay Verification Cell, Education Department, Government of Bihar addressed to the Registrar, Lalit Narayan Mithila University, Darbhanga (respondent no.4) whereby and whereunder the basic pay of the petitioner has unilaterally been fixed at Rs.41,000/- instead of Rs.47,500/-

(ii) For directing the respondent no.4 to calculate and pay arrears of pension to the petitioner in the basic pay at Rs.48,900/- on the ground that the Statutory Pay Fixation Committee of the University has approved the basic pay of the petitioner at Rs.48,900/- but the university has fixed the pension of the petitioner in the basic pay at Rs.41,000/- in the light of Pay Verification Certificate issued by the Pay Verification Cell, Education Department, Government of Bihar without affording an opportunity of hearing.

(iii) For directing the respondent no.4 to calculate and pay the arrears of salary to the petitioner in the pay scale of Rs.2650-4000/- w.e.f. 01.01.1996 (monetary benefits w.e.f. 01.04.1997) under 5^th Pay Revision as also to calculate and pay the arrears of salary in the replaced pay scale of Rs.4460-7640/- under 6^th Pay Revision w.e.f. 01.01.2006 (monetary benefits w.e.f. 01.04.2007) with statutory interest at par with the State Government employee in the light of order of Hon’ble Apex Court in Sunny Prakash (2013) 1 PLJR 233 (SC) and accordingly revised the pay scale of the petitioner w.e.f. 01.01.2016 under 7^th revised Pay Scale corresponding to the old pay scale of Rs.4460-

7440/-.

3. Learned counsel for the petitioner submits that the pay fixation carried out in respect of the petitioner, whereby the basic pay was reduced from Rs. 47,500/- to Rs. 41,000/-, is not correct. It is further submitted that the fixation so made by issuing the Pay Verification Certificate bearing Receipt No. 2607220801494 dated 17.04.2023, through the authorized officer, Pay Verification Cell, Education Department, Government of Bihar, addressed to the Registrar, Lalit Narayan Mithila University, Darbhanga, is contrary to the recommendations made under the respective pay revision allowed in the light of the direction rendered by the Hon’ble Apex Court in the case of State of Bihar & Anr. vs Sunny Prakash & Ors reported in (2013) 3 SCC 559.

4. It is next submitted that even the benefits applicable to the petitioner, as per the recommendations made by the Statutory Pay Fixation Committee, whereby the University fixed the basic pay of the petitioner at Rs. 48,900/- for the month of May, 2024, have also not been carried out i