Patna High Court
Arun Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court declined to order re-fixation of salary and pension and directed the petitioner to file a fresh representation before the university, with the matter to be considered on its merits thereafter.
Summary
The petitioner, a retired typist of A.N.D. College, sought a writ directing the university and the State of Bihar to re-fix his salary and pension from 1989 to 2015 in accordance with a Pay Verification Cell letter and to pay the differential arrears. He claimed that despite a pay verification slip indicating a salary revision, his pension had not been revised. The university contended that the petitioner should first file a fresh representation with supporting documents. The court held that the petitioner must file a fresh representation before the Registrar of L.N. Mithila University within four weeks, after which the claim will be examined on its merits and appropriate orders, if justified, will be passed within six weeks. Consequently, the writ application was disposed of without granting the reliefs sought.
Issues considered
- Whether the respondent authorities are liable to re-fix the petitioner’s salary and pension as per the Pay Verification Cell letter.
- Whether the petitioner is entitled to arrears of salary and pension for the period 01.03.1989 to 28.02.2015.
- Whether the court can direct the petitioner to file a fresh representation before the university before deciding on the reliefs.
Subjects
- salary revision
- pension revision
- pay verification
- public servant
- writ jurisdiction
- administrative representation
- government employee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21007 of 2025
======================================================
Arun Kumar Singh S/O Late Ramchandra Singh, resident of Village-Malpur,
P.S.- Halai, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Bihar, Patna.
2. L.N. Mithila University, Kameshwar Nagar, Darbhanga, through its Vice
Chancellor.
3. The Registrar, L.N. Mithila University, Kameshwar Nagar, Darbhanga.
4. The Finance Officer, L.N. Mithila University, Kameshwar Nagar,
Darbhanga.
5. The Bursar, L.N. Mithila University, Kameshwar Nagar, Darbhanga.
6. The Pension Officer, L.N. Mithila University, Kameshwar Nagar,
Darbhanga.
7. The Principal, A.N.D. College, Shahpur Patori, District-Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suneil Kumar Thakur
For the Respondent/s : Mr. Prem Ranjan Kumar, AC to AAG-IX
Mr. Bindhyachal Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-01-2026 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 directing the respondent
authorities to refix the salary of the petitioner since
01.03.1989 to 28.02.2015 in terms of the letter
issued by the Pay Verification Cell de novo and
thereby to make payment the differential amount by
way of the arrears of the salary to the petitioner
after deducting the amount paid from that of the
Patna High Court CWJC No.21007 of 2025(2) dt.06-01-2026
2/4
admissible to him/the petitioner.
(ii) For directing the respondent
authorities to refix the pension to the petitioner de
novo in terms of the letter issued by the Pay
Verification Cell and thereby to make payment of
the differential amount by way of the arrears of the
pension to the petitioner by deducting the pension
paid from that of the admissible to him due to the
refixing of the pension of the petitioner.
(iii) For a declaration holding that the
action on part of the respondent authorities in
making payment of the amount to the petitioner
against the terms of the letter of the Pay
Verification Cell since 01.03.1989 till his
retirement on 28.02.2015 and fixing the pension on
the basis of the amount being paid to the petitioner
in untenable in the eye of law.
(iv) For grant of any other relief/reliefs
for which the petitioner is found to be legally
entitled to be in the facts and circumstances of the
case.
3. Learned counsel for the petitioner submits that the
petitioner was appointed as a Typist on 15.03.1984 at A.N.D.
College, Shahpur Patori, a constituent unit of L.N. Mithila
University, Kameshwar Nagar, Darbhanga, with the salary as
fixed at the time of appointment. The petitioner is stated to have
retired on 28.02.2015 from the said college as a Typist to the
satisfaction of all concerned; however, the pension has not yet
been fixed as per the applicable pay scale.
4. It is further submitted that Pay Verification Letter
Patna High Court CWJC No.21007 of 2025(2) dt.06-01-2026
3/4
No. 23062008024787 (undated), issued by the Education
(P.V.C.) Department, Government of Bihar, addressed to the
Principal of A.N.D. College, Shahpur Patori, indicates that a pay
verification letter/slip has been issued with respect to the
petitioner’s salary and last pay under receipt No.
220419080004, as per the applicable revision in pay scale, but
for no prudent reasons, the revision in pension has not been
done.
5. It has further been submitted that the petitioner has
filed a representation before the authorities of L.N. Mithila
University for redressal of his grievances, but no action has
been taken till date.
6. On the other hand, learned counsel for the L.N.
Mithila University submits that petitioner may be directed to file
a fresh representation for consideration of his grievances with
all supportive materials by fixing a timeline for its
consideration.
7. In view of the foregoing discussions, the petitioner
is directed to file a fresh representation, along with a copy of
this order and other supporting documents, before the Registrar,
L.N. Mithila University, within a period of four weeks from
today. Upon submission of such representation, the petitioner’s
Patna High Court CWJC No.21007 of 2025(2) dt.06-01-2026
4/4
case shall be considered on its own merits by appreciating the
appended documents, and if the claim is found to be legally
justified, necessary orders shall be passed within six weeks
thereafter, and the benefits shall be extended by making the
appropriate revision in pension within the same period, as per its
admissibility.
8. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
Checking your session…