Patna High Court
Mahesh JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
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
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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
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