Patna High Court
Phakirchand Prasad VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed of, granting the petitioner liberty to file a fresh representation before the Pay Verification Cell and directing the authority to dispose of it within a fixed time frame.
Summary
The petitioner, a routine clerk at Nalanda College, challenged a Pay Verification receipt that revised his pay scale to a lower band than the one previously granted by Patliputra University. He sought a writ of certiorari to quash the receipt and a writ of mandamus directing the Higher Education Department to fix his pay at the earlier, higher scale. The petitioner also requested liberty to file a fresh representation before the Authorized Officer of the Pay Verification Cell, invoking a prior Patna High Court judgment (CWJC No.16104 of 2024). The State of Bihar raised no objection to the limited prayer. The Court, with the consent of both parties, disposed of the writ application, granting the petitioner one month to file the representation and directing the Authorized Officer to decide it within three months, with a further three months to implement any relief. All pending interlocutory applications were deemed disposed of.
Issues considered
- What relief, if any, is appropriate for the petitioner regarding the alleged erroneous revision of his pay scale?
- Whether the petitioner should be directed to file a fresh representation before the Authorized Officer and whether the authority must decide it within a stipulated time.
Subjects
- pay fixation
- pay verification
- writ of certiorari
- writ of mandamus
- higher education department
- representation
- time-bound disposal
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5609 of 2026
======================================================
Phakirchand Prasad Verma son of Late Kameshwar Saw, Resident of Village-
Saluganj, Police Station-Bihar Sharif, District- Nalanda. Pin-803101, At
present Routine Clerk, Nalanda College, Biharshrif, Nalanda. Mobile
No.9708543756
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Higher Education
Department, Government of Bihar, New Secretariat, Patna.
2. The Additional Chief Secretary, Higher Education Department, Government
of Bihar, New Secretariat, Patna.
3. The Secretary, Higher Education Department, Government of Bihar, New
Secretariat, Patna.
4. The Director, Higher Education Department, Government of Bihar, New
Secretariat, Patna.
5. The Authorised Officer, Pay Verification Cell, Higher Education
Department, Government of Bihar, Patna.
6. The Vice Chancellor, Patliputra University, Patna.
7. The Registrar, Patliputra University, Patna.
8. The Finance Officer, Patliputra University, Patna.
9. The Principal, Nalanda College, Biharsharif, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Govind Mishra, Adv.
Mr.Kumar Brij, Nandan Singh, Adv.
For the State : Mr.Government Pleader 18
Mr.Navnit Kumar, Adv. AC to GP-18
For PPU : Mr.P.K. Verma, Sr. Adv.
Mr.Dr.Anand Kumar, Adv.
Miss.Tooba Hera, Adv.
Mr.Abhishek Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
counsel appearing for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
Patna High Court CWJC No.5609 of 2026(2) dt.28-04-2026
2/4
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(I) For issuance of writ in the nature of
Certiorari for quashing of Pay Verification receipt
No. 2507221000825 dated 22.07.2023 of the
Petitioner issued by the Higher Education
Department, Government of Bihar, Pay Verification
Cell, Patna Annexure-P/6 whereby and where under
the fixation of pay scale of the petitioner was revised
in Pay Band of Rs.52,00,-20,200, (level 2) grade pay
Rs. 1900/- w.e.f. 01.07.2023 at the place of Revised
pay scale in Pay Band range as on 01.07.2019 at pay
scale of Rs. 5,200-20,200 (level 5) grade pay Rs.
2800/- and basic pay scale Rs.14,590 as on
01.01.2016 on the post of Routine Clerk which was
earlier granted by the Partliputra University to the
petitioner.
(ii) For issuance of writ in the nature of
Mandamus for direction to the respondent authorities
for fixation of pay scale of the petitioners at the
revised pay scale in Pay Band range as on
01.07.2019 at pay scale of Rs. 5,200-20,200 (level 5)
grade pay Rs. 2800/- and basic pay scale Rs.14,590
as on 01.01.2016 on the post of Routine Clerk which
was earlier granted by the Partliputra University to
the petitioner for which the petitioner is entitled in
the light of notification issued by the Magadh
University Bodh Gaya and Patliputra University in
accordance with law in the interest of justice.
(iii) And/or any other relief/reliefs and
compensation admissible under the law in the light
of facts and circumstances of the case in the interest
of justice.”
4. After advancing some argument, learned counsel for
the petitioner submits that the case of the petitioner is squarely
covered by judgment and order dated 13.11.2024 passed in CWJC
Patna High Court CWJC No.5609 of 2026(2) dt.28-04-2026
3/4
No. 16104 of 2024 by a coordinate Bench of this Court. He,
therefore, submits that for seeking the aforesaid reliefs, the
petitioner is prepared to file a fresh representation before the
Authorised Officer, Pay Verification Cell, Higher Education
Department, Government of Bihar, Patna (respondent no. 5) in
light of the above judgment being relied upon by the petitioner. He
further prays that the Authorised Officer, Pay Verification Cell,
Higher Education Department, Government of Bihar, Patna may
be directed to dispose of his representation within a fixed time
frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid submission being made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-State does not have any objection.
6. Considering the limited nature of prayer being made
by learned counsel for the petitioner, this writ application is
disposed of granting liberty to the petitioner to file a fresh
representation before the Authorised Officer, Pay Verification Cell,
Higher Education Department, Government of Bihar, Patna in
light of the judgment and order dated 13.11.2024 passed in CWJC
No. 16104 of 2024 by a coordinate Bench of this Court, within one
month from the date of this order and if such a representation is
filed within the stipulated time, the respondent no. 5 (Authorised
Officer, Pay Verification Cell, Higher Education Department,
Patna High Court CWJC No.5609 of 2026(2) dt.28-04-2026
4/4
Government of Bihar, Patna) shall dispose of the representation of
the petitioner within a further period of three months from the date
of receipt of the representation, after giving an opportunity of
hearing to the petitioner.
7. Needless to emphasize that the final order which shall
be passed by the Authorised Officer, Pay Verification Cell, Higher
Education Department, Government of Bihar, Patna should be a
reasoned and speaking order. In case, the petitioner is found
entitled to the relief which the petitioner would be claiming
through the representation, the same should be extended to the
petitioner within a further period of three months from the date of
passing of the final order by the Authorised Officer, Pay
Verification Cell, Higher Education Department, Government of
Bihar, Patna (respondent no. 5).
8. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kundan/-
U
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