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Patna High Court

Lakshmeshwar PathakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Pay Revision Letter issued on the basis of the repealed order is quashed and the matter is remanded for fresh proceedings.

Summary

Lakshmeshwar Pathak, a retired typist cum assistant of Lalit Narayan Mithila University, challenged a Pay Revision Letter issued by the Pay Verification Cell of the Bihar Education Department, which was based on a previously repealed order. He alleged that the revision violated the Bihar State University Act, 1976, and various judicial precedents, causing financial loss and improper recovery from his pension. Both parties agreed that the matter was covered by the earlier judgment in Suray Deo Paswan v. State of Bihar (CWJC No.16104 of 2024). The court held that the Pay Revision Letter was ultra vires and quashed it, remanding the matter to the State authorities for fresh proceedings. The university was directed to refund Rs.36,20,428 with statutory interest and the petitioner was affirmed his right to pension based on the earlier pay scale. The writ petition was consequently disposed.

Issues considered

  • Whether the Pay Revision Letter issued on the basis of a repealed order is valid.
  • Whether the petitioner is entitled to a refund of amounts deducted from his retirement benefits.
  • Whether the university can recover amounts from the petitioner's pension in light of the repealed order.

Subjects

  • Pay revision
  • Pension
  • Quashing order
  • Bihar State University Act
  • Retirement benefits
  • Refund
  • Civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1386 of 2025
                 ======================================================
                 Lakshmeshwar Pathak Son of Vedanand Pathak, Resident of Mohalla- Raj
                 Sipahi Lain, LNMU Campus, P.S.- LNMU, District- Darbhanga, Pin Code-
                 846004.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Education Department,
                  Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Vikash Bhawan
                 New Secretariat, Bihar, Patna.
           3.    The Secretary, Higher Education, Education Department, Vikash Bhawan
                 New Secretariat, Government of Bihar, Patna.
           4.    The Deputy Secretary, Education Department, Vikash Bhawan New
                 Secretariat, Government of Bihar, Patna.
           5.    The Director, Higher Education, Education Department, Vikash Bhawan
                 New Secretariat, Government of Bihar, Patna.
           6.    The In-charge, Pay Verification Cell, Education Department, Government of
                 Bihar, Patna.
           7.    The Lalit Narayan Mishra University, Kameshwarnagar, Darbhanga through
                 its Registrar.
           8.    The Vice Chancellor, Lalit Narayan Mithila University, Kameshwarnagar,
                 Darbhanga.
           9.    The Registrar, Lalit Narayan Mithila University, Kameshwarnagar,
                 Darbhanga.
           10. The Finance Officer, Lalit Narayan Mithila University, Kameshwarnagar,
               Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Kaushalesh Choudhary, Advocate
                 For the Respondent/s   :      Mr. Ajay Bihari Sinha, Sr. Adv. (GA-8)
                                               Mr. Neeraj Raj, AC to GA-8
                 For LNMU University    :      Mr. Apurva Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

5   17-03-2026                 Heard learned counsel for the petitioner, learned

                   counsel appearing for the respondent-State and learned counsel

                   for respondent University.

                               2. With the consent of all the parties, this writ
Patna High Court CWJC No.1386 of 2025(5) dt.17-03-2026
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          application is being disposed of in the following terms.

                      3. 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
                                  Revision Letter, issued to the petitioner, by
                                  the Pay Verification Cell of Education
                                  Department, Government of Bihar, Patna,
                                  unilaterally,          vide          Receipt          No.
                                  1108220801332, as the Pay Revision letter
                                  has been issued on the basis of letter no.
                                  2792 dated 22.07.2023, issued by the
                                  Director,       Higher       Education,       Education
                                  Department,         Bihar, Patna,         though the
                                  aforesaid letter has already been repealed,
                                  vide order contained in Memo No. 15/C-2-
                                  615/2023 4498 dated 25.10.2024, issued by
                                  the       Education           Secretary,         Deputy
                                  Department, Government of Bihar, Patna,
                                  but ignoring the letters the L.N.M University,
                                  has issued direction to the concerned
                                  authorities for revision of basic pay of the
                                  writ petitioner and subsequently revision of
                                  his monthly pension as well as for recovery
                                  of the amount from his post retirement
                                  benefits as well as monthly pension, on the
                                  basis of the pay verification letter, issued by
                                  the PVC, as the petitioner has already been
Patna High Court CWJC No.1386 of 2025(5) dt.17-03-2026
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                                  superannuated            from        service      w.e.f.
                                  31.01.2024 from the post of Typist cum
                                  Assistant, from Account Section of LNM
                                  Kameshwarnagar, Darbhanga, University,
                                  as the aforesaid pay revision letter has been
                                  issued in contrary to different provisions of
                                  Bihar       State       University         Act,   1976,
                                  Judgments/orders passed by Hon'ble Patna
                                  High Court and the Hon'ble Apex Court and
                                  also contrary to different letters / circulars,
                                  issued by the Education Department, Govt.
                                  of Bihar, resultantly the petitioner shall
                                  suffer from huge financial loss, as the
                                  actions of the concerned respondents are
                                  also violative of the Judgment and order of
                                  the Hon'ble Apex Court in Civil Appeal No.
                                  516/2013 (State of Bihar Vs Sunny Prakash)
                                  as well as contrary to the Letter No. 15/C 7-
                                  10/2014-2162 dated 15.12.2020, issued by
                                  the       Special            Secretary,      Education
                                  Department, Bihar, Patna, Letter No.1448
                                  dated 22.07.2015 issued by the Education
                                  Department, Government of Bihar, Patna,
                                  and also contrary to the order contained in
                                  Memo No. 15/C-2-615/2023 4498 dated
                                  25.10.2024, issued by the Deputy Secretary,
                                  Education        Department,         Government      of
                                  Bihar, Patna.
                                               (ii) For issuance of appropriate
                                  direction       to     the     authority     concerned,
Patna High Court CWJC No.1386 of 2025(5) dt.17-03-2026
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                                  restraining them from making any recovery
                                  from the post retiral benefits / monthly
                                  pension of the petitioner, on the basis of the
                                  aforesaid pay revision slip issued by the Pay
                                  Verification       Cell   of   the   Education
                                  Department, which has been issued on the
                                  basis of letter no. 2792 dated 22.07.2023.
                                               (iii) For grant of other relief /
                                  reliefs, to which the petitioners may found
                                  entitled, on the facts and circumstances of
                                  the case.”


                      4. Learned counsel appearing for the petitioner

          submits that the issue involved in this case is squarely covered

          by judgment and order dated 13.11.2024 passed in C.W.J.C. No.

          No.16104 of 2024 in the case of Suray Deo Paswan Vs. The

          State of Bihar & Ors., which has been brought on record by way

          of Annexure-R/F to the counter affidavit filed by respondent-

          State. He, therefore, submits that the present case may be

          disposed of in terms of the said judgment and order dated

          13.11.2021 passed in C.W.J.C. No. No.16104 of 2024.

                      5. Learned counsel appearing for respondent-State

          and respondent University are in agreement with the submission

          made by learned counsel for the petitioner.

                      6. In fact in paragraph-19 & 20 of the counter

          affidavit filed by respondent State, it has been stated as follows:
Patna High Court CWJC No.1386 of 2025(5) dt.17-03-2026
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                                             “19. That apart, it is humbly
                                  stated that the department sought a report
                                  from the pay verification cell of the State
                                  Government and the PVC has stated with
                                  respect to the petitioner that:
                                             (I) The petitioner had been
                                  appointed vide memo no.26286-3751 dated
                                  12.11.1981 on the post of Typist on the Pay
                                  Scale of Rs. 244-356 and he joined on
                                  13.11.1981.
                                             (ii) The pay revision of the pay
                                  scale of Rs.244-356 is Rs.580-860 on
                                  01.04.1981.
                                             (iii) The PVC has issued the pay
                                  slip on the basis of the said information.
                                             (iv) The petitioner is claiming that
                                  he was appointed on the post of Typist Cum
                                  Assistant which is not a schedule post.

                                            20. That in the facts and
                                  circumstances mentioned herein above, it is
                                  humbly prayed before this Hon'ble Court to
                                  dispose of the present writ application with
                                  direction to treat the entitlement slip issued
                                  in favour of the petitioners as objection of
                                  Pay Verification cell and the University may
                                  be directed to make request for issuance of
                                  modified entitlement slip by meeting the
                                  objection in terms of order dated 15.01.2015
                                  passed in CWJC No.7636 of 2014.”

                      7. From the aforesaid statement made by respondent-

          State, it is manifest that the parties are not in dispute that the

          issue involved in the present writ application is squarely

          covered by the judgment and order dated 13.11.2024 passed in

          C.W.J.C. No. No.16104 of 2024.
          Patna High Court CWJC No.1386 of 2025(5) dt.17-03-2026
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                                8. In view of the aforesaid, the impugned pay revision

                    slip contained in letter no.2792 dated 22.07.2023 issued by the

                    Director, Higher Education, Education Department, Government

                    of Bihar, Patna vide Receipt no.1108220801332 is hereby

                    quashed and the matter is remanded back to the State authorities

                    for proceeding afresh in accordance with law.

                                9. The University is directed to refund Rs.36,20,428/-

                    with statutory interest to the petitioner, which has been deducted

                    from the retirement benefit of the petitioner.

                                10. It goes without saying that the petitioner is entitled

                    to receive pension as per his earlier pay scale.

                                11. Accordingly, this writ application stands disposed

                    of.


                                                       (Alok Kumar Sinha, J)

Prakash Narayan
U


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