Pitamber Jha vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12043 of 2022
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Pitamber Jha S/o Late Ashrfi Jha, resident of Village- Barhmotra, P.S.-
Pandaul, District- Madhubani, retired as Head Assistant (Accounts), R.N.
College, Pandaul, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Vice- Chancellor, Lalit Narayan Mithila University, Darbhanga.
4. The Registrar, Lalit Narayan Mithila University, Darbhanga.
5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga.
6. The Principal, R.N. College, Pandaul, District- Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv
For the Respondent/s : Mr. Madhaw Pd. Yadaw (Gp23)
For the University : Mr. Iqbal Asif Niazi, Adv
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 14-05-2026
Heard the learned counsel for the petitioner, the
learned counsel for the State and the learned counsel appearing
on behalf of the L.N. Mithila University, Darbhanga.
2. The present writ petition has been filed for the
following reliefs:-
“(i) For Issuance of an appropriate
writ in the nature of Certiorari for
quashing the pay slip issued by Pay
Verification Cell whereby the pay scale
of the petitioner has been slashed to
Rs. 9300-34,800/- grade Pay
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Rs.4600/- from Rs. 15,600-39,100/-
grade Pay Rs.6600/-and entire pre and
post retiral dues has been adjusted and
Rs. 22,08,744/-Is shown as
recoverable from the petitioner, the
impugned pay slip is based on
completely erroneous facts and
contrary to the notifications issued by
the State Govt. regarding fixation of
pay scale and also incontravention of
law laid down by the Hon'ble Supreme
Court (State of Bihar & ors. Vs Sunny
Prakash & ors.) in Civil Appeal No.
516/2013 order dated 18.01.2013,
moreover, the Pay Verification Cell has
no legal right to alter the pay scale of
the petitioner which is fixed by
Statutory Pay Fixation Committee.
(II) For Issuance of an appropriate
writ in the nature of Mandamus,
Commanding and directing the
respondent authorities to pay entire
pre and post retiral dues including
GIC @ 12.5% and DDA @ 9%
compound in view of law laid down by
the hon'ble Court in 2006 Vol-IV
PLJR, 369 and other admitted dues.
(iii) For Issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the writ
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petitioners shall be found entitled
under the facts and circumstances of
the case.
3. The brief facts giving rise to the present writ
petition are that the petitioner was appointed as Typist-cum-
Assistant in R.N. College, Pandaul by the Selection Committee
of the Governing Body and he gave his joining on 07.11.1968.
The college in question was taken over in the year 1977 by the
State of Bihar and the services of the petitioner was treated to be
as a permanent employee of the University. A list of teaching
and non-teaching employee was published, wherein the name of
the petitioner finds mentioned at Serial no. 05. His designation
has been mentioned as Office Assistant and the date of the
joining as 07.11.1968. The petitioner was promoted to the post
of Head Assistant w.e.f. 01.01.2006, on the recommendation of
the University Selection Committee contained in Memo no.
13407-44/12 dated 21.09.2012. The name of the petitioner finds
mentioned at Serial no. 01 of the Memo dated 21.09.2012 and
his promoted post has been mentioned as Head Clerk (Account).
Even the pay fixation of the petitioner was made by the
Statutory Pay Fixation Committee of the L.N. Mithila
Unveristy, Darbhanga. From perusal of the Annexure-3 series to
the writ petition i.e. the pay fixation chart, wherein the name of
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the petitioner appears at serial no. 03 and his designation has
been mentioned as Assistant. His pay as on 01.01.1996 was
fixed at Rs. 9100/- in the pay-scale of Rs. 6500-10500/- and on
01.03.2006, the same was fixed at Rs. 10700/-. After passing of
the order by the Hon’ble Supreme Court of India in Contempt
Petition No. (c) 262 of 2013, ( Bihar State University and
College Employees Federation Vs. Ashok Kumar Sinha &
Ors), the petitioner filed a representation before the Vice-
Chancellor of the L.N. Mithila Univeristy, Darbhanga on
03.10.2017, for payment of pre and post retiral dues. The Pay
Fixation Committee of the University, fixed the pay of the
petitioner and others, which has been brought on record by the
petitioner vide Annexure-7 to the writ petition. From perusal
thereof, it would transpire that the petitioner has been
designated as Assistant/Head-Clerk (Accounts) and his basic
pay as on 01.01.2006 has been fixed at Rs. 28830/-in the pay
band of Rs. 15600- 39100/- with grade pay of Rs. 6600/.
4. The petitioner superannuated after attaining the
age of superannuation w.e.f. 30.06.2010 and all the pensionary
benefits were paid to the petitioner in the pay-scale of Rs. 9300-
34800/- with grade pay of Rs. 4600. A writ petition was filed by
the petitioner bearing C.W.J.C. No. 9939 of 2019 for payment of
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difference of salary on account of grant of benefits of ACP and
MACP, in terms of the fixation made by the University vide
Anenxure-3 to the present petition. The writ petition was
disposed of vide order dated 02.05.2019 with a direction to the
petitioner to file a representation before the Registrar, L.N.
Mithila University, Darbhanga within a period of four weeks
from the date of passing of the order, along with the order of the
Hon’ble Supreme Court of India passed in Contempt Petition
(C) No. 262 of 2013 and the University was directed to take a
call and make payment within a period of 12 weeks. It appears
that when the order dated 02.05.2019 passed in C.W.J.C. No.
9939 of 2019 was not being complied with by the University
Authorities, the petitioner preferred M.J.C. No. 5025 of 2019,
however, the same was disposed of by giving liberty to the
petitioner to assail the pay verification certificate, which was
issued during pendency of the contempt petition issued by the
pay verification cell of the State Government, whereby the pay
of the petitioner was fixed at Rs. 9300-34800/- with grade pay
of Rs. 4600/- as on 01.07.2009. On account of issuance of the
said pay verification certificate by the State Government, the
University adjusted excess amount to the tune of Rs. 22,08,744/-
on account of the pay fixation made by the Pay Verification Cell
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of the State Government.
5. The learned counsel for the petitioner submits
that after 11 years of the retirement of the petitioner he has been
designated as Head Assistant-cum-Accountant and his basic pay
as on 01.07.2009 has been fixed at Rs. 14400/- with grade pay
of Rs. 4600/-, which is lower than the pay fixed by the
University on the said date. He further submits that the basic
pay of the petitioner on 01.01.1996 has been reduced to Rs.
4900/- instead of Rs. 8300/-,. fixed by the University and
similarly, the pay of the petitioner on 01.01.2006 has been fixed
at Rs. 11820/- with grade pay of Rs. 4200/- instead of Rs.
22230/- with grade pay of Rs. 6600/-.
6. The learned counsel for the petitioner submits
that the action of the respondent-State and its authorities under
the pay verification cell, is in complete violation of the
judgment passed by this Hon’ble Court and the undertaking
given before the Honb’le Supreme Court of India in the case of
(Sunny Prakash Vs. State of Bihar and Ors) . He submits that
before fixation of the pay-scale of the petitioner in lower side,
no notice whatsoever was given to the petitioner, which has
been stated by the petitioner in paragraph no. 24 of the writ
petition. He submits that the action of the respondent-authorities
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of the pay verification cell is in violation of the principles of
natural justice and is in teeth of the directions issued vide letter
no. 1448 dated 24.07.2015 under the signature of the Joint
Secretary to the Government, Department of Education,
Government of Bihar, Patna, whereby in terms of the order
dated 15.01.2015 passed in C.W.J.C. No. 7636 of 2014 (Kedar
Nath Pandey & Ors. Vs. State of Bihar and Ors.), the State
Government has in paragraph no. 4, it has been categorically
stated as under:
;fn fo”ofon~;ky; vFkok lacaf/kr f” k{kd@dehZ }kjk
izLrqr fd, x;k i{k larks’kizn izrhr ugha gksrk gS rks
jkT; ljdkj fo”ofon~;ky; dks ,d le; lhek ds
Hkhrj lewfpr vkns”k fuxZr djus gsrq funs”k tkjh dj
ldsxkA ijarq fo”ofon~;ky; ds fdlh vkns”k esa
la”kks/ku vFkok vkns”k ds lanHkZ esa dksbZ Li’Vhdj.k ;k
vafre fu.kZ; fo”ofon~;ky; }kjk gh fy;k tk ldsxkA
7. Per contra, the learned counsel appearing on
behalf of the State submits that the pay fixation of the petitioner
has been done by the State Government in terms of the
directions given by the this Hon’ble Court in C.W.J.C. No. 7636
of 2014. She submits that the Hon’ble Chancellor vide letter no.
BSU-41/2013-429 dated 04.03.2014 has approved the revised
statute with respect to the service conditions of the non-teaching
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officers and employees of the University and Colleges and for
grant of ACP and MACP to them. The non-teaching employees
of the University were granted the benefits of ACP / MACP
w.e.f. 09.08.1999 and 01.01.2009 respectively, as has been
given to the employees of the State Government and since the
petitioner has already superannuated in the year 2010, he was
granted the benefit of ACP/ MACP, w.e.f. 1999 and 2009
respectively. Thereafter, pay fixation was made by the
University and the same was sent to the Pay Verification Cell of
the Education Department for its verification. The Pay fixation
made by the University and the documents enclosed thereto
were examined by the P.V.C. and it was found that the fixation
of the pay of the petitioner was made in higher scale, for which
he was not entitled as well as up-to-date fixation was made and
accordingly vide letter no. 79 dated 13.01.2022, some query was
made from the University. The said query was responded by the
University vide letter no. 758 dated 14.01.2022, whereby the
University sent a fresh pay slip of the petitioner and on the basis
of the same, it was found that the pay of the petitioner as on
01.01.2009 has been fixed at Rs. 18130/-, whereas as per the
calculation of the P.V.C., it should have been Rs. 18440/- and
Rs. 19000/- as on 01.07.2009. Accordingly, vide letter no. 83
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dated 16.01.2022, again a request was made to the University to
send corrected copy of the pay fixation. Subsequently, vide
letter no. 759 dated 17.01.2022, a fresh pay fixation was made
and same was sent to the State Government, which was found
by the P.V.C. to be in terms of the resolution issued by the State
Government from time to time and accordingly the pay
verification certificate was issued in favour of the petitioner
bearing pay verification certificate no. 17012208002141.
8. The learned counsel for the State submits that the
pay verification certificate of the petitioner has been issued, as
per the entitlement slip, which has been sent by the statutory
Pay Fixation Committee of the University and there is no
infirmity in the same. She further submits that the pay fixation
of the petitioner has been done in accordance with the directions
passed by this Hon’ble Court in C.W.J.C. No. 7636 of 2014 and
in terms of the fresh fixation done by the University, in
compliance of the letter issued by the Pay Verification Cell of
the State Government.
9. The learned counsel for the State further submits
that the action of the State Government and its authorities under
the pay verification cell is in consonance with the order dated
13.11.2024 passed in C.W.J.C. No. 16104 of 2024 (Suray Deo
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Paswan Vs. The State of Bihar and Ors.) , whereby the
Hon’ble Single Judge was pleased to direct the authorities of the
State Government to take fresh decision in the matter in view of
the order passed by this Hon’ble Court in C.W.J.C. No. 7636 of
2014.
10. The learned counsel appearing on behalf of the
respondent-University submits that the pay fixation of the
petitioner was done by the Statutory Pay Fixation Committee of
the University and all the payments were being made to the
petitioner in terms of the said pay fixation. Subsequently, the
documents related to verification of the pay was sent to the State
Government by the University and the Pay Verification Cell of
the State Government raised some objections with regard to
fixation of the pay of the petitioner on higher side. In terms of
the said objections raised by the State Government, the
University verified the entitlement of the petitioner and
calculated the same and sent a fresh pay slip to the State
Government, whereby the pay-scale of the petitioner has been
reduced. In terms of the pay verification certificate issued by the
State Government, the petitioner was found to have been paid in
excess amount to the tune of Rs. 22,08,744/-, therefore the
same has been adjusted.
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11. The learned counsel for the petitioner in reply
refers to Annexure-14 to the writ petition i.e. order dated
24.03.2009 passed in C.W.J.C. No. 65 of 2001 (The Patna
University Employees Association & Ors Vs. The State of
Bihar & Ors), whereby, the learned Single Judge while taking
note of the counter affidavit filed by Deputy Secretary, Higher
Education in Paragraph no. 4 of the said writ petition, has
recorded as under, which is quoted hereinbelow:
“4. That it is further stated and submitted
with regard to the aforesaid direction of the
Hon'ble Court it is humbly submitted that
the power of pay fixation to the employees
of the Universities lies with the pay fixation
committee and department is not concerned
in this matter. The department does not
accord approval or pass any order with
regard to the recommendation made by the
pay fixation committee, which is the
competent authority to fix the pay of the
employees of the University in accordance
with the provisions of law statutes and Act."
Reading the pleadings therein and its
understanding by a common ordinary
prudent person, in simple English
language, conveys in clear terms that the
recommendations of the statutory pay
fixation committee is the jurisdiction of the
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committee and not of the official State
respondents. The question of their
according approval to the same does not
arise. Though they place reliance on an
order dated 19.4.2006 at Annexure 'A' to
support the same, learned counsel for the
state finds it difficult to explain that if that
be the position and no approval was
required why was it not communicated to
the University and if required intervention
of the High court in exercise of article 226
of the constitution to propel the official
respondents to discharge what was
otherwise a routine administrative matter to
be done within the portals of the powers
Secretariat itself.
The statement in Para 4 is conclusive and
clinches the Issue.”
12. The learned single judge on the basis of said
paragraph proceeded to direct that in view of the statement
made in paragraph no. 4 of the counter affidavit, the
recommendation of the Statutory Pay Fixation Committee is
now required to be implemented in consonance with law.
13. The learned counsel for the petitioner submits
that in terms of the directions issued by the a learned Single
judge of this Court vide order dated 15.01.2015 passed in
C.W.J.C. No. 7636 of 2014 ( Kedar Nath Pandey & Ors. Vs.
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The State of Bihar and Ors.) , wherein the Hon’ble Single
Judge in paragraph no. 17 has held as follows:-
“17. Yet another serious infirmity found by
the Court is that the decision contained in
Annexure-8 series has been passed in gross
violation of the principles of natural justice
because the decision so taken by the Pay
Verification Cell has serious civil
consequences for these petitioners since
they are going to not only loose out on the
salary they have so earned but even the
orders of promotion etc. which they have
acquired over a period of time on the basis
of the date of their initial absorption on
their respective post and position gets
altered.
In view of the above, Annexure-8 series are
quashed Writ applications is allowed with
liberty to the concerned respondents to act
in accordance with law and the statute.”
14. The learned counsel for the petitioner further
submits that a Hon’ble Single Judge of this Court in a Judgment
dated 13.11.2004 passed in C.W.J.C. No. 16104 of 2024 (Suray
Deo Paswan vs. The State of Bihar & Ors), after considering
the order dated 15.01.2015 passed in C.W.J.C. No. 7636 of
2014, proceeded to set aside the pay verification certificate
issued by the State of Bihar and remitted the matter back to the
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State authorities to adhere to the directions contained in
C.W.J.C. No. 7636 of 2014 i.e. the State authorities should raise
objection to the pay fixation done by the Statutory Pay Fixation
Committee of the University and in turn the University
authorities are obliged to issue notice to the employee
concerned and after receiving his response, it is the Statutory
Pay Fixation Committee of the University who has to make
fixation. In the present case, no such exercise has been
undertaken before reducing the pay-scale of the petitioner and
the petitioner has been found entitled for recovery of an amount
to the tune of Rs. 22,08,744/-.
15. Having heard the learned counsel for the parties
and after going through the records, it appears that the petitioner
superannuated on 30.06.2010 and admittedly by the pay
fixation, whereby his pay-scale has been reduced, was done
after almost 12 years of his retirement and that too without
issuing any notice to the petitioner. Further, after his retirement
in 2010, the master and servant relationship came to an end and
the University was not justified in reducing the pay-scale of the
petitioner, only on the basis of the directions issued by the State
Government, without issuing any notice to the petitioner or
without giving him any opportunity to rebut the objections made
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by the Pay Verification Cell of the State Government.
16. A learned Coordinate Bench of this Hon’ble
Court vide judgment dated 03.12.2018 passed in C.W.J.C. No.
16458 of 2015 (Rajendra Patel and Anr, Vs. State of Bihar
& Ors.) has observed as under:-
“From the materials available on record
and the stand taken by the petitioners and
the respondent University it is evident that
the University has granted pay scale in
terms of the statute and after
superannuation of the petitioners on
31.10.2011 and 30.06.2012, respectively,
the Auditor of the State Government raised
objection as to pay fixation of the
petitioners. This Court has held out in
numerous occasion that the State Auditor
has no jurisdiction in the matter of pay
fixation of the employees of the University
as there exists Statutory Pay Fixation
Committee under the University statute for
pay fixation and the action taken at the
instance of the State Auditor in the instant
case appears to be totally without
jurisdiction. The decision taken by the
Director, Higher Education after
superannuation of the petitioners cannot
sustain as the relationship of master and
servant came to an end and further the
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Auditor of the State Government has no
jurisdiction in the matter of pay fixation of
the employees of the University.”
17. Further, even this Court vide order dated
30.04.2026 passed in C.W.J.C. No. 18201 of 2022 (Dinesh
Chandra Mishra Vs. The State of Bihar and Ors) , after
referring to various judicial pronouncement, including the case
of the Kedar Nath Pandey (supra) and the decision of the
Hon’ble Supreme Court of India reported in 2015 (1) PLJR 261
(State of Punjab and Ors. Vs. Rafiq Masih (White Washer) ,
the decision of the Hon’ble Supreme Court of India in Civil
Appeal no. 7115 of 2010 (Thomas Daniel vs. State of Kerala
and Ors.) and the order dated 03.12.2018 passed in C.W.J.C.
No. 16458 of 2015 (Rajendra Patel and another vs. The
State of Bihar and Ors.) , proceeded to allow the writ petition
and directed that the order of the recovery passed by the
University was illegal and without jurisdiction.
18. Considering the above, this Court is of the
considered opinion that the pay verification certificate issued by
the Pay Verification Cell of the State Government vide receipt
no. 17012208002141 deserves to be set aside and is accordingly
set aside.
19. The petitioner would be entitled for the salary
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which he was getting prior to his date of retirement, on the basis
of the pay fixation, which was done by the University, which
has been annexed as Annexure -7 to the writ petition. The
petitioner would further be entitled for refund of Rs.
22,08,744/-, if the same has already been adjusted from the post
retirement benefits of the petitioner, within a period of three
months from the date of receipt/production of a copy of the
order.
20. The present writ petition is allowed in the
aforementioned terms.
21. Pending applications, if any, shall also stand
disposed of.
(Ritesh Kumar, J)
krishnakant/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.05.2026
Transmission Date NA