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Patna High Court

Manik Yadav @ Manki YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner's claim must first be examined through a fresh representation before any substantive order on pay scale correction can be made.

Summary

Manik Yadav, a retired government employee, filed a writ petition seeking correction of his salary to the 3rd grade pay scale, claiming he was erroneously placed on the 4th grade scale and that his pension benefits were calculated accordingly. He also demanded payment of arrears, allowances, and interest. The petitioner alleged that his earlier representations on the matter were ignored. The respondents, representing the State and the university, indicated that if a fresh representation is filed, the claim can be considered per law. The Court directed the petitioner to submit a fresh representation with supporting documents within four weeks and ordered that, if the claim is found genuine, it be adjudicated within eight weeks. Consequently, the writ petition was disposed of pending the fresh representation.

Issues considered

  • What is the correct pay scale entitlement of the petitioner under the applicable service rules?
  • Whether the petitioner is entitled to arrears, allowances, and interest due to alleged misclassification of his pay scale?

Subjects

  • pay scale
  • salary arrears
  • government employee
  • writ petition
  • administrative law
  • representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.3362 of 2026
                 ======================================================

                 Manik Yadav @ Manki Yadav Son of Late Aghnu Yadav, resident of village
                 Chhoti Mirzapur Kali Sthan P.S. Jamalpur, District Munger.

                                                                              ... ... Petitioner/s

                                                    Versus

           1.    The State of Bihar through the Additional Chief Secretary Education
                 Department, Government of Bihar, New Secretariat, Patna.
           2.    The Tilka Manjhi Bhagalpur University, through its Registrar.
           3.    The Registrar Tilka Manjhi Bhagalpur University, Bhagalpur.
           4.    That Vice Chancellor, T.M. Bhagalpur University, Bhagalpur.
           5.    The Finance officer, T.M. Bhagalpur university, Bhagalpur.
           6.    The principal, Jagjiwan Ram Shramik College, Jamalpur, P.S. Jamalpur,
                 District Jamalpur, District Munger.
           7.    The Director, Higher education Department, Government of Bihar, Patna.
           8.    That In-charge pay verification cell education Department, Government of
                 Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Sheo Nandan Prasad, Adv.
                 For the State           :     Mr. Manish Kumar, GP4
                 For the TMBU Univ.      :     Mr. Ashhar Mustafa, Adv.
                                               Ms. Anita Kumari, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   11-03-2026                 In this writ petition, the petitioner has prayed for the

                   following relief;

                                        “1(i) For direction the respondents to
                           ensure payment of his entitle 3rd grade pay scale of my
                           salary should have been 3rd grade scale whereas I
                           have been paid 4th grade scale.
                                        (ii) For that direction to the respondents to
Patna High Court CWJC No.3362 of 2026(2) dt.11-03-2026
                                            2/3




                  my pay be refixed correctly and the due arrear along
                  with admissible allowances and interest be released at
                  earliest.”
                      2. Counsel for the petitioner submits that ignoring the

          entitlement of the petitioner for 3rd grade pay-scale in place of

          4th grade pay-scale, the pensionary benefits have been fixed

          without considering his entitlement. It is next submitted that the

          representations have also been filed by the petitioner but, the

          same have not been considered as yet for the reasons

          unexplained, while the petitioner is said to have retried from

          service in the year 2010.

                      3. At this stage, counsel for the respondents submit

          that if the representations have been filed by the petitioner, then

          appropriate directions may be issued for considering the claim

          of the petitioner in accordance with law.

                      4. Considering the aforesaid submissions of the

          parties, the petitioner is directed to file a fresh representation

          along with all supporting materials before the authority

          concerned within a period of four weeks from today and, upon

          consideration, if the claim of the petitioner is found to be

          genuine and appropriate, then the same shall be adjudicated

          within a period of eight weeks from the date of filing of such

          representation and necessary order shall be passed in accordance
          Patna High Court CWJC No.3362 of 2026(2) dt.11-03-2026
                                                      3/3




                    with law within the same period.

                                5. With the aforementioned observation and direction,

                    the writ petition stands disposed of.



                                                                    (Ajit Kumar, J)
rishi/-

U


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