Patna High Court
Vijay Prakash VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The High Court set aside Memo No.1213 as contrary to the Supreme Court order and directed institutional grievance redressal before any further judicial intervention.
Summary
The Patna High Court heard a series of writ petitions filed by employees of various Bihar universities seeking the grant of Section Officer pay scale to Head Clerks/Head Accountants in constituent colleges. The petitioners relied on a Supreme Court judgment in State of Bihar & Anr. vs. Sunny Prakash & Ors. (2013) 3 SCC 559 and a contempt petition (C) No.262 of 2013, which directed the State Government to accord such pay scales. The respondents argued that the employees must first approach their institutions for grievance redressal as per the Supreme Court order. The Court found that Memo No.1213 dated 27.06.2014, which denied the pay scale, was contrary to the Supreme Court direction and amounted to contempt. Consequently, the Court set aside the memo, directed petitioners to file individual representations before the heads of their institutions within four weeks, and ordered those heads to decide the grievances within eight weeks. The Court further directed that, if justified, recommendations be made to the State Government for extending the benefits, and allowed petitioners to file interlocutory applications if institutions fail to act. The writ applications were thereafter disposed of.
Issues considered
- Whether Memo No.1213 dated 27.06.2014 denying Section Officer pay scale to Head Clerks/Head Accountants is contrary to the Supreme Court judgment in State of Bihar & Anr. vs. Sunny Prakash & Ors.
- Whether the employees are entitled to the Section Officer pay scale and related pension benefits under the Sixth Pay Revision.
- Whether the grievance redressal mechanism prescribed by the Supreme Court must be followed before approaching the High Court.
Subjects
- pay scale
- Section Officer
- Head Clerk
- Head Accountant
- contempt of court
- grievance redressal
- higher education
- Bihar
- writ petition
- Supreme Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7451 of 2021
======================================================
1. Sriram Singh Son of Late Balkeshwar Singh Kshatriya Nagar, Bypass
Aurangabad, P.O. and P.S. - Aurangabad, District- Aurangabad.
2. Ram Kumar Prasad Verma Son of Basant Kumar Village - Sahpur, P.O and
P.S. - Aurangabad, District- Aurangabad.
3. Raghubansh Prasad Yadav @ Raghubansh Yadav S/o Ramdhani Yadav
Village - Bechanbigha Kusikarma Bhagwan, District- Aurangabad.
4. Siyaram Singh Son of Shri Ram Prasad Singh Village - Mafi, Warsaliganj,
District- Nawada.
5. Madhukar Prasad Singh Son of Brijnandan Prasad Singh Warsaliganj,
Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Dirctor, Higher Education, Patna.
4. Magadh University, Bodh Gaya through its Registrar.
5. The Vice-Chancellor, Magadh University, Bodh Gaya.
6. The Registrar, Magadh University, Bodh Gaya.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7637 of 2021
======================================================
Tapeshwar Singh Son of Late Laldhari Singh, Village and P.O. - Kalpa, P.S.
Jehanabad, District- Jehanabad at present B-113 Road No. 4 Police colony
Anisabad, Phulwari, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar, Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Higher Education, Patna.
4. Magadh University, Bodh Gaya through its Registrar.
5. The Vice - Chancellor, Magadh University, Bodh Gaya.
6. The Registrar, Magadh University, Bodh Gaya.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7675 of 2021
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
2/11
======================================================
1. Vijay Prakash Verma Son of Raghunandan Prasad Gali No.2, Kadam Kuan,
P.S.- Kadam Kuna, District- Patna.
2. Raj Kumar Prasad Son of Raghunandan Prasad C/o Vijay Lal, 943/2, East
Indira Nagar, Behind Suman Apartment, Nalanda Colony, Kankarbag, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Higher Education, Patna.
4. Magadh University, Bodh Gaya through its Registrar.
5. The Vice-Chancellor, Magadh University, Bodh Gaya.
6. The Registrar, Magadh University, Bodh Gaya.
7. Pataliputra University, Patna through its Registrar.
8. The Vice-Chancellor, Pataliputra University, Patna.
9. The Registrar, Pataliputra University, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7773 of 2021
======================================================
1. Bimal Prasad Singh Son of Sarju Prasad Singh Village and P.O. - Moresarai,
P.S. - Sheosagar, District- Rohtas at Sasaram.
2. Dharamraj Thakur singh son of late Ram janam Thakur Madanjeekahitte,
Pakri, Ara, District- Bhojpur at Ara.
3. Jeo Ratan Singh Son of Feku Singh New Ara, Sasaram district- Rohtas.
4. Sri Krishna Pandey Son of Ram Pravesh Pandey Naya Ram Nagar,
Chandwa District- Bhojpur at Ara.
5. Gajadhar Singh S/o Ram Prit Singh Markandey Bagh, Tari, Ara District-
Bhojpur at Ara.
6. Mohammad Hafiz Kalam Son of Abdul Karim Village - Darigaon, Near
Vetenary Hospital, P.O. and P.S. - Darigaon, District- Rohtas at Sasaram.
7. Dharmraj Singh Son of Shri Baleshwar Singh Village - Hurka, P.O. and P.S.
- Tilauthu, District- Rohtas at Sasaram.
8. Mahendra Prasad Singh Son of Ramadhar Singh Village - Chamki P.O. -
Pnach Pokhri, P.S. - Bagahla, District- Rohtas at Sasaram.
9. Kamla Prasad Singh Son of Sant Singh Village - Bisrampur, P.O. - Chotki
Chenari, P.S. - Sheosgar, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar, Bihar.
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Higher Education, Patna.
4. Veer Kuwar Singh University, Ara through its Registrar.
5. The Vice - Chancellor, Veer Kuwar Singh University, Ara.
6. The Registrar, Veer Kuwar Singh University, Ara.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13768 of 2021
======================================================
1. Rana Pratap Singh Son of Late Kamleshwari Prasad Singh Resident of
Village- Tengraha, P.O.- Bhatauni, Ward No. - 13, District- Saharsha.
2. Tribhuban Prasad Singh Son of Late Muneshwar Prasad Singh Resident of
Manas Nagar, Hatiagachi, Ward No. - 32, P.O. and P.S.- Saharsha, District-
Saharsha.
3. Chandeshwari Prasad Yadav Son of Late Laturan Prasad Yadav Resident of
Manori, Ward No. -13, P.O. and P.S.- Sonebarsa, District- Saharsha.
4. Sachidanand Jha Son of Late Vedanand Jha Resident of Shakuntala Nagar,
Polytechnique, Ward No. 32, P.O. and P.S.- Saharsha, District- Saharsha.
5. Maheshwar Jha Son of Late Pitambar Jha Resident of House No. 19/8,
Vidyapati Nagar, Ward No. -19, P.S. and District- Saharsha.
6. Ram Naresh Singh Son of Late Lakshmi Singh Resident of Bahrampur,
Ward No. 10, Nayipur, Mansnehak, P.S. and District- Begusarai.
7. Sakendra Narain Singh Son of Hriday Narain Singh Resident of Ward No. -
13, Sarvapatti, Singeshwar, P.S. and District- Madhepura.
8. Om Prakash Jha Son of Late Aniruddha Jha Resident of Chankyapuri,
Gangajalw, Ward No. 19, P.S. and District- Saharsha.
9. Bhupendra Narain Son of Ram Dayal Prasad Yadav Resident of Ward No. -
7, Adarsh Nagar, P.S. and District- Madhepura.
10. Sabita Devi Wife of Late Pratap Narain Singh Resident of Vidyapati Nagar,
Ward No. - 16, P.S. and District- Saharsha.
11. Vidyakar Thakur Son of Late Kamal Nayan Thakur Resident of Sithalasthan
Mirchaibari, Near Sai Mandir, P.S. and District- Katihar.
12. Bhabranjan Mukherjee Son of Late Sorodindu Mukherjee Resident of
Tildengi, P.O.- Shalmari, P.S. and District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary Education Department, Government of Bihar, Patna.
3. The Director Higher Education, Patna.
4. B.N. Mandal University Madhepura through its Registrar.
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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5. The Vice- Chancellor B.N. Mandal University, Madhepura.
6. The Registrar B.N. Mandal University, Madhepura.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 17946 of 2021
======================================================
1. Navin Chandra Sinha Son of Nagendra Nath Sinha, Kamla Samriti, Kali
Bari Sahmir Takiya, District-Gaya.
2. Brijnandan Prasad Singh, Son of Late Ramdas Singh, Bihari Bhawan
Janakpur, Manpur, District-Gaya.
3. Gagiya Devi, Wife of Govind Mahto, P.O.-Sirh, Sirhi, Khizersarai, District-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Higher Education, Patna.
4. Magadh University, Bodh Gaya through its Registrar.
5. The Vice-Chancellor, Magadh University, Bodh Gaya.
6. The Registrar, Magadh University, Bodh Gaya.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 7451 of 2021)
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Respondent/s : Mr. Prabhakar Jha (Gp27)
(In Civil Writ Jurisdiction Case No. 7637 of 2021)
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Respondent/s : Mr. Jitendra Kumar Roy1 (Sc13)
Mr. Jai Prabhat Kishore, AC to SC-13
(In Civil Writ Jurisdiction Case No. 7675 of 2021)
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Respondent/s : Mr. Jitendra Mkumar Roy 1(Sc13)
Mr. Jai Prabhat Kishore, AC to SC-13
Mr. Sunit Kumar, Advocate
Mr. Rana Vikram Singh, Advocate
Ms. Rasika, Advocate
(In Civil Writ Jurisdiction Case No. 7773 of 2021)
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Respondent/s : Mr. Jitendra Kumar Roy1 (Sc13)
Mr. Jai Prabhat Kishore, AC to SC-13
Mr. Rajesh Prasad Choudhary, Advocate
(In Civil Writ Jurisdiction Case No. 13768 of 2021)
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Respondent/s : Mr.Prabhakar Jha (Gp27)
Ms. Aditi Sharma, Advocate
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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(In Civil Writ Jurisdiction Case No. 17946 of 2021)
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Respondent/s : Mr. Madhaw Pd. Yadaw (Gp23)
Mr. Arvind Kumar, AC to GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
8 07-01-2026 Re: I.A. No.01 of 2022 in CWJC No.7773 of
2021.
2. The present I.A. No. 01/2022 has been filed for
substitution of petitioner No. 1, namely Bimal Prasad Singh, by
his wife, namely Shobha Singh, as he died during the pendency
of the writ application.
3. Having heard learned counsel for the parties, as
the present Interlocutory Application being formal in nature, is
not opposed, and hence is allowed.
4. The Registry is directed to make necessary
corrections in the cause title portion.
5. Accordingly, I.A. No.1/2022 is hereby disposed
of.
Re:- I.A. No.01 of 2025 in CWJC No.7675 of
2021.
6. The present I.A. No.01/2025 has been filed on
behalf of the petitioners for quashing of the letter contained in
Memo No.1213 dated 27.06.2014 issued by the Joint Secretary
of Education Department, Govt. of Bihar whereby and
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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whereunder it has been decided that Head Clerk/ Head
Accountant of Constituent colleges have been designated as
head clerk/ Head Accountant (College Service) w.e.f.
01.04.2007 with condition that after designation they would not
get pay scale equivalent to Secretariat Section Officer.
7. Having heard learned counsel for the parties, as
the present Interlocutory Application being formal in nature, is
not opposed, and hence is allowed for its formal incorporation
in the main relief.
8. The Registry is directed to add the additional
prayer made in paragraph 1 of the present petition to the prayer
portion of the main writ petition.
9. Accordingly, I.A. No.1/2025 is hereby disposed
of.
Re:- CWJC No.7451 of 2021, CWJC No.7637 of
2021, CWJC No.7675 of 2021, CWJC No.7773 of 2021,
CWJC No.13768 of 2021 and CWJC No.17946 of 2021.
10. Heard learned counsel for the petitioners and
learned counsel for the respondents.
11. The writ applications have been filed on behalf
of the petitioners for commanding the respondents to grant pay
scale of Rs.6500-10500 with designation as Section Officer
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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w.e.f. 01.01.1996 and, thereafter give its replacement scale
w.e.f. 01.01.2006 and seventh pay Revision pay scale w.e.f.
01.01.2016 and accordingly, revised pension and other retiral
benefits.
12. Learned counsel for the petitioners, by drawing
the attention of this Court to the affidavit filed by the State
Government before the Hon’ble Apex Court in the contempt
proceedings initiated against it vide Contempt Petition (C) No.
262 of 2013 arising out of Civil Appeal No. 516 of 2013, has
categorically submitted that, with regard to the designation of
Head Assistant and Accountant at the departmental level, as per
the decision dated 18.07.2007, the State Government has
already granted pay scale at par with the Section Officer. Since
there is no post of Section Officer in the colleges, the State
Government decided to grant the pay scale of Section Officer to
the Head Assistant and Accountant. Accordingly, under the 6th
Pay Revision, the said pay scale was granted notionally with
effect from 01.01.2006, with actual monetary benefits accruing
from 01.04.2007, and the amount under this head has already
been sanctioned and released.
13. The extract of the submission made before the
Hon’ble Apex Court is quoted hereinbelow:
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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10. That with regard to the issue of designation of
Head Assistant and Accountant as Section Officer
at the department level as per agreement dated
18.07.2007 is concerned the State Government had
already granted pay scale at par with Section
officer to Head Assistant and Accountant. It is
respectfully submitted here that in the colleges
there is no post of Section Officer. However, have
regard to the direction of the Court, the State
Government decided to grant pay scale to Head
Assistant and Accountant at par with Section
Officer in the sixth pay revision notionally from
01.01.2006 and actual monetary benefit from
01.04.2007 and amount in this head is also
sanctioned and released.
14. It has next been submitted that on the basis of
the stand taken by the State respondents before the Hon’ble
Apex Court, the Contempt Petition (C) 262 of 2013 was
disposed of with the following observations:-
3. In view of the above, we direct the Registrars of
all the concerned Universities, to whom funds have
been released by the State Government, for
disbursement of arrears of pay on account of
revision of pay scale, to ensure disbursement to the
employees who are entitled to the same within six
weeks from today. The details of the disbursement
shall be made available by the Registrars of the
Universities to the Department of Education of the
State Government. This would result in giving
effect to the judgment rendered by this court in
State of Bihar & Anr. vs. Sunny Prakash & Ors.
(2013) 3 SCC 559.
4. After the entire amount has been distributed to
the concerned employee, if any employee is
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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aggrieved on account of deficiency in payment, or
no payment at all, it shall be open to such
employee to move the head of his institution, where
he is or has rendered service, highlighting his
grievance. The head of the concerned institution
shall thereupon pass a speaking order, accepting or
rejecting the grievance of the concerned employee.
In case, the claim of the concerned employee is
rejected, it shall be open to that employee to raise
a challenge to the order passed by the head of the
institution, before the jurisdictional High Court.
5. The contempt petition stands disposed of, in the
above terms.
15. On the other hand, learned counsel representing
the respondent-State in all the writ petitions have universally
taken stand that in terms of the order passed by the Hon’ble
Apex Court in aforementioned contempt petition, the individual
employees were required to have approached the State
authorities for ventilation of their grievances, which till date has
not been received and once such applications are received at
their end, they are ready to adjudicate their grievances and pass
final order.
16. The reference of decision taken by the State
Government not to grant the pay scale, as contained in letter
no.1213 dated 27.06.2014, is completely in derogation of the
stand taken by the State respondents before the Hon’ble Apex
Court and the consequential order passed by the Hon’ble Apex
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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Court in the aforesaid contempt petition. From a perusal thereof,
it appears that the issuing authority has acted in contempt of the
order passed by the Hon’ble Apex Court, as well as the stand
taken before the Apex Court for securing disposal of the
contempt petition. The issue of initiation of contempt
proceedings against the issuing authority is left open to be
considered at the appropriate stage.
17. In view of the facts and circumstances of the
case and the materials available on record, this Court finds it
proper to set aside the decision as contained in Memo No. 1213
dated 27.06.2014, as the same would create a hindrance in the
adjudication of the grievances of the employees, who have been
directed to ventilate his/ her grievances by approaching the
Head of the concerned Institution, on its own merit by giving
by proper hearing.
18. Considering the nature of the dispute, this
Court directs the petitioners to approach the Head of the
concerned Institution within a period of four weeks from today
and file their respective individual representations for redressal
of their grievances. It is further directed that, upon filing of such
representations within the time allowed by this Court, the Head
of the Institution shall adjudicate the grievances within a period
Patna High Court CWJC No.7451 of 2021(8) dt.07-01-2026
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of eight weeks from the date of receipt of the individual
representations. If the claims of the petitioners are found to be
justified in law, appropriate recommendations shall be
forwarded to the State Government for carrying out the
necessary formalities to extend the benefits in favour of the
petitioners within a reasonable time.
19. In view of the assurance already given by the
State as well as the University before the Hon’ble Apex Court, it
is evident that they are required to adjudicate the grievances of
the petitioners upon submission of their representations. In this
background, the petitioners are granted liberty that, in the event
the respondents fail to respond to or decide their grievances
within the time granted by this Court, they shall be at liberty to
file appropriate Interlocutory Applications seeking revival of the
writ petitions for adjudication of their claims.
20. With the aforesaid observations and directions,
the writ applications stands disposed of.
(Ajit Kumar, J)
shikha/-
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