Patna High Court
Md. Naiyer EkwalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
2/5
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
3/5
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
4/5
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
5/5
representation.
8. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
Checking your session…