Patna High Court
Uday Kumar JhaversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The payslip is quashed and the petitioner shall continue to receive pension and post‑retirement benefits until the matter is finally adjudicated.
Summary
The petitioner, Uday Kumar Jha, challenged a payslip issued by the Pay Verification Cell of the Bihar Education Department, seeking continuation of his pension and post‑retirement benefits. The petitioner argued that a similar writ had been disposed of earlier (CWJC No. 5735 of 2026) and requested the same relief. The respondents, including the State of Bihar and Kameshwar Singh Darbhanga Sanskrit University, raised no objection to the petitioner's submission. The Court, relying on the earlier order and the precedent of Suray Deo Paswan v. State of Bihar (CWJC No. 16104 of 2024), quashed the contested payslip and remanded the matter to the State Authority for fresh proceedings. It directed that the petitioner continue to receive his pension and post‑retirement benefits as fixed by the university's statutory committee until final adjudication.
Issues considered
- Whether the payslip issued by the Pay Verification Cell is lawful and should be upheld.
- Whether the petitioner is entitled to continue receiving pension and post‑retirement benefits pending final adjudication.
Subjects
- pension
- post‑retirement benefits
- pay verification
- writ jurisdiction
- quashing order
- administrative law
- Bihar Education Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5863 of 2026
======================================================
Uday Kumar Jha Son of Late Kamla Kant Jha, Resident of Village and Post -
Kanhauli, P.S. - Manigachhi, District- Darbhanga, Pin Code - 847239.
... ... 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, Adv.
For the Respondent/s : Mr.Standing Counsel (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner, learned counsel
for the respondent-State and learned counsel for respondent-
University.
2. With the consent of the parties this writ application is
being disposed of at this itself.
3. Learned counsel for the petitioner submits that a
Patna High Court CWJC No.5863 of 2026(2) dt.08-05-2026
2/2
similar writ application has already been disposed of vide order
dated 21.04.2026 passed in CWJC No. 5735 of 2026 and he,
therefore, prays that similar order may also be passed in this case.
4. Learned counsel appearing for respondent parties do
not have any objection to the submission made by learned counsel
for the petitioner.
5. Considering the submissions made by the parties, the
payslip issued by the Pay Verification Cell, Department of
Education, Government of Bihar vide receipt no. 0908220900350
(Annexure-P/9) 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 pension and post retirement
benefits as per the fixation made by statutory committee of the
University.
6. The writ application stands allowed in terms of order
dated 21.04.2026 passed in CWJC No. 5735 of 2026 read with the
order passed by this Court in the case of Suray Deo Paswan Vs.
The State of Bihar & Ors. (CWJC No.16104 of 2024).
(Alok Kumar Sinha, J)
Prakash Narayan
U
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