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Patna High Court

Md. Naiyer EkwalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first file a representation before the Director, Higher Education, who must adjudicate the claim in accordance with the Supreme Court’s ratio, and therefore disposed of the writ application.

Summary

The petitioner, Md. Naiyer Ekwal, challenged a pay slip issued by the Pay Verification Cell that reduced the salary scale fixed by the Statutory Pay Fixation Committee of Patliputra University. He relied on the Supreme Court decision in State of Bihar v. Sunny Prakash (2013) 3 SCC 559, which held that state authorities cannot interfere with pay fixation by the statutory committee. The High Court noted similar rulings of its own coordinate bench in CWJC No. 4722 of 2020 and CWJC No. 11918 of 2014. The Court directed the petitioner to file a detailed representation before the Director, Higher Education, who must decide the matter in line with the Sunny Prakash ratio, and ordered the Director to pass orders within eight weeks. Consequently, the writ application was disposed of without granting the reliefs sought.

Issues considered

  • Whether the Pay Verification Cell can lawfully alter the pay scale fixed by the Statutory Pay Fixation Committee.
  • Whether the petitioner is entitled to the salary and benefits as determined by the Committee under the Supreme Court precedent.
  • Whether the petitioner must first file a representation before the Director, Higher Education, before the Court can intervene.

Subjects

  • pay fixation
  • statutory committee
  • state interference
  • higher education
  • salary dispute
  • representation
  • Supreme Court precedent
  • writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1901 of 2026
                 ======================================================
                 Md. Naiyer Ekwal Son of Abdul Wahed, Resident of Dak Bangla Road,
                 Kagaji Mohalla, Police Station- Biharsharif, District- Nalanda.
                                                                              ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through its Additional Chief Secretary, Education
                  Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Government of
                 Bihar, Patna.
           3.    The Vice-Chancellor, Patliputra University, Patna.
           4.    The Registrar, Patliputra University, Patna.
           5.    The Finance Officer, Patliputra University, Patna.
           6.    The Principal, Soghra College, Bihar Sarif, Nalanda.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Hansraj, Advocate
                 For the Respondent/s   :        Mr. Kumar Pankaj, AC to SC-5
                                                 Mr. Rana Vikram Singh, Advocate
                                                 Ms. Rasika, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   05-02-2026                    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 slip issued by the Pay
                                  Verification Cell (Annexure-P/7) by which the pay
                                  scale of the petitioner fixed by the Statutory Pay
                                  Fixation Committee of the University has been
                                  slashed down by Pay Verification Cell without
                                  authority of law and even without issuance of any
                                  show cause notice, as the Statutory Pay Fixation
                                  Committee had given pay scale of Rs.9300-
                                  34,800/-, Grade Pay-4200/- but the same has
                                  denied by Pay Verification Cell whereas under the
                                  similar circumstances other employee has been
Patna High Court CWJC No.1901 of 2026(2) dt.05-02-2026
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                          given the same pay scale.
                          (ii) For directing the respondent authorities to
                          grant the pay scale which has been given by the
                          Pay Verification Cell in the pay scale of Rs.9300-
                          34,800/- Grade Pay 4200/- given in view of
                          notification of State Government by which after
                          completion of five years of service Rs.4200/- grade
                          pay is to be given and further direction to make
                          payment to all consequential benefit to the
                          petitioner.
                          (iii) For any other relief(s) to which the petitioner
                          is found entitled to in the facts and circumstances
                          of the case.


                      3. Learned counsel for the petitioner submits that the

          pay scale fixation made by the Statutory Pay Fixation

          Committee of the University has been slashed down by the Pay

          Verification Cell, contrary to the ratio laid down in the judgment

          rendered by the Hon’ble Apex Court in State of Bihar vs. Sunny

          Prakash, reported in (2013) 3 SCC 559, wherein it has been

          categorically held that the State authorities have no jurisdiction

          to interfere with the pay fixation made by the Statutory Pay

          Fixation Committee. Relying upon the aforesaid judgment, the

          Coordinate Bench of this Court, in a similar matter being CWJC

          No. 4722 of 2020, vide order dated 13.04.2021, has held as

          follows:

                                    “….In view of the above, the writ
                          application is allowed. The respondents are
                          directed to adhere to the determination of the pay
                          fixation made by the Statutory Committee of the
Patna High Court CWJC No.1901 of 2026(2) dt.05-02-2026
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                          University, as contained in Annexure-2. The
                          University is obliged to grant all the benefits
                          available to the petitioner in terms of the judgment
                          of the Apex Court in Sunny Prakash case (supra)
                          and ensure payment of entire dues on the basis of
                          pay fixation as contained in Annexure-2 and the
                          judgment of the Apex Court in Sunny Prakash case
                          (supra) within a maximum period of three months
                          from the date of receipt/production of a copy of this
                          order.
                                     In the event, payment is not made in
                          terms of the judgment of the Apex Court in Sunny
                          Prakash case (supra) and the pay fixation done by
                          the University, as contained in Annexure-2, within
                          the aforesaid period, the petitioner shall be entitled
                          to interest at the rate of 12% per annum from the
                          date of retirement till the date of actual payment,
                          which shall be borne out from the pocket of Vice-
                          chancellor of the University and the Director,
                          Higher Education, Government of Bihar.”


                      4. Learned counsel for the petitioner further submits

          that in a similar case, adjudicated by the Coordinate Bench of

          this Court in CWJC No. 11918 of 2014, vide order dated

          19.04.2024, the issues at hand have been deliberated, relying

          upon the judgment rendered by the Hon’ble Apex Court in the

          case of Sunny Prakash (supra), wherein the interference of the

          State Government in the pay fixation made by the Statutory

          Committee has been held to be without jurisdiction.

                      5. On the other hand, learned counsel for the State

          submits that a representation has already been filed by the

          petitioner before the In-charge Officer, Pay Verification Cell,
Patna High Court CWJC No.1901 of 2026(2) dt.05-02-2026
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          Education Department, Patna; however, he has not been made a

          party in the present case. Therefore, appropriate directions may

          be issued to the petitioner to file a proper representation before

          the Director, Higher Education, Department of Education.

                      6. Mr. Rana Vikram Singh, learned counsel appearing

          for Patliputra University, submits that the Statutory Pay Fixation

          Committee has already fixed the pay scale of the petitioner, which

          has been interfered with by the State Government, which is the

          subject matter of challenge before this Court, and for the present

          they have no role to play in the matter.

                      7. Considering the submissions advanced on behalf of

          the parties, this Court finds it appropriate to direct the petitioner

          to file a detailed representation along with all supporting

          materials, including a copy of this order as well as the judgment

          covering the issues in question, before the Director, Higher

          Education, Department of Education, Patna, within a period of

          four weeks from today for redressal of his grievances. Upon

          receipt of such representation, the Director, Higher Education,

          Department of Education, Patna, shall consider the case of the

          petitioner and adjudicate his claim strictly in consonance with

          the ratio laid down by the Hon’ble Apex Court in Sunny

          Prakash (supra), and necessary orders shall be passed within a

          period of eight weeks from the date of receipt of the
           Patna High Court CWJC No.1901 of 2026(2) dt.05-02-2026
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                     representation.

                                 8. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                             (Ajit Kumar, J)

shikha/-

U


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