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Patna High Court

Mahesh JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The pay slip issued by the Pay Verification Cell is quashed and the petitioner shall continue to receive pay as per the Statutory Pay Fixation Committee until the matter is finally decided.

Summary

Mahesh Jha filed a writ petition challenging a pay slip issued by the Bihar Education Department's Pay Verification Cell that reduced his salary from the Rs. 98,200 fixed by the Statutory Pay Fixation Committee to Rs. 84,700. The petitioner argued that the reduction violated the committee's fixation and the principles of natural justice. The State contended that the issue had already been settled by the earlier judgment in Suray Deo Paswan v. State of Bihar. The Court examined the precedent, noting that the earlier case required the authorities to honor the statutory fixation until a final decision is made. Accordingly, the Court quashed the pay slip, remanded the matter to the State Authority to proceed afresh, and ordered that the petitioner continue to receive the salary fixed by the Statutory Committee. The writ petition was allowed.

Issues considered

  • Whether the State Education Department can unilaterally alter the salary fixation made by the Statutory Pay Fixation Committee.
  • Whether the principles of natural justice require the petitioner to continue receiving the salary fixed by the statutory committee pending final adjudication.

Subjects

  • pay fixation
  • statutory committee
  • natural justice
  • writ petition
  • salary reduction
  • education department
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5735 of 2026
                  ======================================================
                  Mahesh Jha son of Late Prabodh Narayan Jha, resident of Village-Gandhrain,
                  Post-Barsam, Rudrapur, District - Madhubani, Pin Code-847411.
                                                                            ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through the Principal Secretary, Education Department,
                   Government of Bihar, Patna.
            2.    The Additional Chief Secretary, Education Department, Vikash Bhawan
                  New Secretariat, Bihar, Patna.
            3.    The Secretary, Higher Education, Education Department, Vikash Bhawan
                  New Secretariat, Government of Bihar, Patna.
            4.    The Deputy Secretary, Higher Education, Education Department, Vikash
                  Bhawan New Secretariat, Government of Bihar, Patna.
            5.    The Director, Higher Education, Education Department, Vikash Bhawan
                  New Secretariat, Government of Bihar, Patna.
            6.    The In-charge, Pay Verification Cell, Education Department, Government of
                  Bihar, Patna.
            7.    The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
                  Darbhanga through its Registrar.
            8.    The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University
                  Kameshwarnagar, Darbhanga.
            9.    The Registrar, Kameshwar          Singh   Darbhanga     Sanskrit   University
                  Kameshwarnagar, Darbhanga.
            10. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University
                Kameshwarnagar, Darbhanga.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr.Kaushalesh Choudhary
                  For the Respondent/s   :      Mr. Ranjeet Kumar, AC to Standing Counsel (23)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

2/   21-04-2026                   Heard learned counsel for the petitioner and learned

                    counsel for the State.

                                2. Learned counsel for the petitioner by referring to

                    Annexure P/8 submits that contrary to the pay scale fixed by the

                    Statutory Pay Fixation Committee to the tune of Rs. 98,200/-

                    w.e.f 01.01.2016, the State Government, through its Pay

                    Verification Cell of Education Department, which is appended

                    to the writ petition as Annexure P/10, has been interfered with
Patna High Court CWJC No.5735 of 2026(2) dt.21-04-2026
                                            2/3




          and slashed down to the tune of Rs. 84,700/-.

                       3. It is next submitted that in similar situation the Co-

          ordinate Bench of the this Court in the case of Suray Deo

          Paswan v. The State of Bihar & Ors (CWJC No. 16104 of

          2024) has interfered with the pay fixation certificate issued by

          the Department of Education has set aside the pay slip issued in

          contravention of the Statutory Pay Fixation Committee and

          further relying upon the said judgment in several cases, the Co-

          ordinate Bench has directed the authorities of the State to

          proceed afresh in accordance with law and the petitioner has

          been allowed to receive pay on the basis of pay fixation made

          by the Statutory Committee of the University till the final

          decision is taken by the State Authorities by following the

          principles of natural justice and as also the principles laid down

          in the case of State of Bihar & Ors v. Sunny Prakash & Ors

          (Civil Appeal No. 516 of 2013.

                       4.      On the other hand, learned counsel for the State

          and that of University submit that in view of the issues having

          been put at rest in the case of Suray Deo Paswan (supra),

          appropriate directions may be issued.

                       5. Considering the aforesaid, the pay slip issued by

          the    Pay        Verification   Cell,     Department   of   Education,
             Patna High Court CWJC No.5735 of 2026(2) dt.21-04-2026
                                                         3/3




                       Government of Bihar, Patna vide Receipt No. 0908220900310,

                       is hereby quashed and the matter is remanded to the State

                       Authority for proceeding afresh in accordance with law and till

                       the matter is pending adjudication before the authorities, the

                       petitioner shall continue to receive pay as per the fixation made

                       by the Statutory Committee of the University.

                                   6. The writ petition stands allowed.



                                                    (Ajit Kumar, J)
    perwez

U


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