Patna High Court
Lakshmeshwar PathakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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The Pay Revision Letter issued on the basis of the repealed order is quashed and the matter is remanded for fresh proceedings.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Revision Letter issued by the Pay Verification Cell of the Bihar Education Department, which was based on a previously repealed order.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- Whether the Pay Revision Letter issued on the basis of a repealed order is valid.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- Whether the university can recover amounts from the petitioner's pension in light of the repealed order.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.
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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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