Patna High Court
Madhav Narayan JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Pay Verification Certificate fixing the petitioner’s basic pay at Rs 41,000 is set aside, and the university is directed to fix the pay after a proper hearing in accordance with the Statutory Pay Fixation Committee’s recommendation.
Summary
Madhav Narayan Jha, a university employee, filed a writ petition challenging a Pay Verification Certificate issued by the Bihar Education Department that fixed his basic pay at Rs 41,000, contrary to the Statutory Pay Fixation Committee’s recommendation of Rs 48,900 and his earlier pay of Rs 47,500. He sought quashing of the certificate, calculation and payment of pension and salary arrears under the 5th, 6th and 7th Pay Revisions, and statutory interest, arguing that the fixation was done unilaterally without a hearing. The State and the university did not oppose his contentions and suggested remand. The Patna High Court held that the certificate was issued in violation of law and set it aside, directing the university registrar to issue a show‑cause notice and fix the pay after a proper hearing, taking into account the committee’s recommendation and applicable pay revision scales. The writ application was consequently disposed of.
Issues considered
- The legality of fixing a university employee's basic pay unilaterally through a Pay Verification Certificate without a show‑cause notice or hearing.
- Whether the Statutory Pay Fixation Committee's recommendation must be followed in determining basic pay and pension.
- Entitlement to arrears of pension and salary under the 5th, 6th and 7th Pay Revision schemes with statutory interest.
Subjects
- pay fixation
- pay verification certificate
- pension arrears
- salary arrears
- 5th Pay Revision
- 6th Pay Revision
- 7th Pay Revision
- show-cause notice
- right to hearing
- statutory committee
- judicial review
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19484 of 2025
======================================================
Madhav Narayan Jha S/o- Late Prabodh Narayan Jha, Resident of Mohalla-
Navtoli (Mangrauni), P.S- Rajnagar, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director, Higher Education, Department of Education, Government of
Bihar, Patna.
3. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga.
4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga.
5. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar Thakur, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23
Mr. Arvind Kumar, AC to GP-23
For the LNMU : Mr. Bindhyachal Rai, Advocate
Mr. Apoorva Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 09-01-2026 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 Verification Certificate
bearing Receipt No.2607220801494 dated
17.04.2023 (sent through speed post) issued by the
authorized officer, Pay Verification Cell, Education
Department, Government of Bihar addressed to the
Registrar, Lalit Narayan Mithila University,
Darbhanga (respondent no.4) whereby and
whereunder the basic pay of the petitioner has
unilaterally been fixed at Rs.41,000/- instead of
Patna High Court CWJC No.19484 of 2025(2) dt.09-01-2026
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Rs.47,500/-
(ii) For directing the respondent no.4 to calculate
and pay arrears of pension to the petitioner in the
basic pay at Rs.48,900/- on the ground that the
Statutory Pay Fixation Committee of the University
has approved the basic pay of the petitioner at
Rs.48,900/- but the university has fixed the pension
of the petitioner in the basic pay at Rs.41,000/- in
the light of Pay Verification Certificate issued by
the Pay Verification Cell, Education Department,
Government of Bihar without affording an
opportunity of hearing.
(iii) For directing the respondent no.4 to calculate
and pay the arrears of salary to the petitioner in
the pay scale of Rs.2650-4000/- w.e.f. 01.01.1996
(monetary benefits w.e.f. 01.04.1997) under 5th Pay
Revision as also to calculate and pay the arrears of
salary in the replaced pay scale of Rs.4460-7640/-
under 6th Pay Revision w.e.f. 01.01.2006 (monetary
benefits w.e.f. 01.04.2007) with statutory interest at
par with the State Government employee in the
light of order of Hon’ble Apex Court in Sunny
Prakash (2013) 1 PLJR 233 (SC) and accordingly
revised the pay scale of the petitioner w.e.f.
01.01.2016 under 7th revised Pay Scale
corresponding to the old pay scale of Rs.4460-
7440/-.
3. Learned counsel for the petitioner submits that the
pay fixation carried out in respect of the petitioner, whereby the
basic pay was reduced from Rs. 47,500/- to Rs. 41,000/-, is not
correct. It is further submitted that the fixation so made by
issuing the Pay Verification Certificate bearing Receipt No.
2607220801494 dated 17.04.2023, through the authorized
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officer, Pay Verification Cell, Education Department,
Government of Bihar, addressed to the Registrar, Lalit Narayan
Mithila University, Darbhanga, is contrary to the
recommendations made under the respective pay revision
allowed in the light of the direction rendered by the Hon’ble
Apex Court in the case of State of Bihar & Anr. vs Sunny
Prakash & Ors reported in (2013) 3 SCC 559.
4. It is next submitted that even the benefits applicable
to the petitioner, as per the recommendations made by the
Statutory Pay Fixation Committee, whereby the University fixed
the basic pay of the petitioner at Rs. 48,900/- for the month of
May, 2024, have also not been carried out in view of the
certificate issued by the Pay Revision Cell of the Education
Department.
5. It is next submitted that the case of the petitioner is
squarely covered by the Dr. Kedar Nath Pandey & Ors. vs.
Magadh University reported in 2015 (1) PLJR 574, which has
also been relied upon in the judgment/ order passed by the
coordinate Bench of this Court in Suray Deo Paswan Vs. The
State of Bihar & Ors. reported in 2025 (1) PLJR 1, and the
certificate issued by the Pay Fixation Cell by taking a decision
unilaterally and without putting this petitioner to show cause,
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has already been set aside and the matter is remanded back to
the State authorities for proceeding afresh in accordance with
law, and in the case of this petitioner also, unilateral fixation in
derogation of law settled, pay verification certificate dated
17.04.2023 has been issued.
6. On the other hand, learned counsel for the State as
well as the University has no objection to the submissions made
on behalf of the petitioner and submits that this matter may be
remanded back to the authorities concerned in similar terms.
7. In view of the foregoing discussions, this Court
finds it appropriate to set aside the Pay Verification Certificate
bearing Receipt No. 2607220801494, dated 17.04.2023, issued
by the authorized officer of the Pay Verification Cell, Education
Department, Government of Bihar.
8. The Court further directs Respondent No. 4 to issue
a show-cause notice to the petitioner, and after providing an
opportunity of hearing to the petitioner, would proceed to fix the
pay in accordance with law taking note of the pay scale
recommended by the Statutory Pay Fixation Committee as well
as keeping in view the pay scale allowed under the 5th and 6th
pay revisions, which have been accepted by the State
Government, relying upon the judgment rendered in Sunny
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Prakash (supra), if found applicable in the case of the petitioner.
9. In the result, the instant writ application stands
disposed of.
(Ajit Kumar, J)
shikha/-
U
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