Patna High Court

Manta GondversusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: RITESH KUMAR

Holding

The Pay Verification Certificate is quashed as it was issued without jurisdiction and in violation of natural justice, and the matter is remitted for fresh proceedings.

Summary

The petitioner, a peon employed by Gram Bharati College, challenged a Pay Verification Certificate issued by the Bihar Education Department's Pay Verification Cell that reduced his salary below the scale fixed earlier by Veer Kunwar Singh University. He argued that the Pay Verification Cell lacked jurisdiction to alter university employees' pay and that the certificate was issued without notice, violating natural justice. The State contended that the Cell had authority to correct erroneous pay fixations. The Court examined prior judgments establishing that only the university's Statutory Pay Fixation Committee can fix pay, and the Cell may only raise audit objections. Finding the certificate issued in violation of natural justice and beyond the Cell's jurisdiction, the Court quashed it and remitted the matter to the State for fresh proceedings following due process. Consequently, the petitioner is entitled to retain the higher pay scale previously granted by the university.

Issues considered

The Pay Verification Cell's jurisdiction to fix or alter the pay of university employees
Whether the Pay Verification Certificate was issued in violation of the principles of natural justice
The appropriate remedy for the petitioner regarding the reduced pay scale

Subjects

pay fixation
jurisdiction
natural justice
certiorari
mandamus
university employees
Bihar Education Department

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7684 of 2022
======================================================
Manta Gond Son of Late Vindhyachal Gond Resident of Village- Mahuar,
P.O.- Sahuka, P.S.- Ramgarh, District- Kaimur at Bhabua.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Education Department,
Bihar, Patna.
2. The Director, Higher Education Department, Bihar, Patna.
3. The Vice Chancellor, Veer Kunwar Singh University, Ara.
4. The Registrar, Veer Kunwar Singh University, Ara.
5. The Finance Officer, Veer Kunwar Singh University, Ara.
6. The Principal, Gram Bharati College, Ramgarh, District- Kaimur at Bhabua.
7. The Pay-Verification Cell, Education Department, Govt. of Bihar Patna
through its Authorized Officer.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar Garg, Advocate
For the State : Mr. Prabhakar Jha, G.P.-27
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER

8 18-03-2026 Heard the parties.

2. At the outset, the learned counsel for the petitioner

submits that due to inadvertence, in prayer portion, i.e.,

paragraph no.1(I), instead of year 2017, the same should have

been mentioned as year 2007.

3. The learned counsel for the petitioner is permitted

to make necessary correction in the prayer portion i.e. paragraph

no.1(I) during course of the day.

4. The present writ petition has been filed for the

following reliefs:

“(I) For issuance of an appropriate writ,
Patna High Court CWJC No.7684 of 2022(8) dt.18-03-2026
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order or direction in the nature of certiorari for
quashing of the fixation of pay scale of petitioner by
Pay Verification Cell, by which the pay verification
cell has fixed the less Pay Band i.e.5200-20200\-
whereas the petitioner is entitled to its revised pay
scale and the University has already fixed pay Band
of Rs. 5200-20200\- to the petitioner in years 2007
itself and petitioner was getting salary as per fixation
done by University.
(II) For issuance of an appropriate writ,
order or direction in the nature of mandamus
directing the respondent authorities to pay the salary
to the petitioner on the basis of pay fixation and its
revised pay scale fixed by the University.
(iii) For issuance of an appropriate writ,
order or direction in the nature of mandamus
directing the respondent authorities to decide the
representation given by petitioner to respondent
authorities regarding his grievance within short span
of time.”
5. The brief facts, giving rise to the present writ

petition, are that the petitioner was appointed on the post of

Peon, Class IV post, in Gram Bharti College, Ramgarh on

06.02.1981, which was within the jurisdiction of Magadh

University at the relevant time. After creation of the Veer

Kunwar Singh University, the college came within the

jurisdiction of Veer Kunwar Singh University, Ara. The college

in question was a 4th Phase constituent college, which was taken

over by the State Government in 4 th phase and the matter with

regard to absorption of the services of the teaching and non-
Patna High Court CWJC No.7684 of 2022(8) dt.18-03-2026
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teaching employees of 4th phase colleges travelled upto the

Hon’ble Supreme Court of India, wherein the Hon’ble Supreme

Court of India constituted a one man inquiry Commission

headed by Hon’ble Mr. Justice S.C. Agrawal (Retd.) and the

same is known as Justice Agrawal Commission. The

Commission after due inquiry submitted its report before the

Hon’ble Supreme Court of India and the same was accepted by

the Hon’ble Supreme Court of India and all the objections

thereto were rejected. Pursuant to the report of the Justice

Agrawal Commission, vide notification dated 12.03.2005, the

petitioner was absorbed in the services in the college w.e.f.

13.02.1981, however in view of the report of the Hon’ble

Justice Agrawal Commission, the services of the petitioner was

confirmed w.e.f. 05.05.1983 on the post of Peon vide

notification dated 24.05.2006.

6. The learned counsel for the petitioner submits that

vide notification dated 31.03.2016, the petitioner was granted

the benefits of A.C.P. and M.A.C.P. from the due date and in the

due pay scale. The petitioner was granted the pay scale of

Rs.5200-20200/- w.e.f. 05.05.2007 and his pay on 05.05.2007

was fixed at Rs.7340/- with Grade Pay of Rs.1650/-.

Subsequently, the petitioner was granted the 2 nd A.C.P./
Patna High Court CWJC No.7684 of 2022(8) dt.18-03-2026
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M.A.C.P. on 05.05.2013 in the pay scale of Rs.5200-20200/-

and his pay was fixed on 05.05.2013 at Rs.9440/- with Grade

Pay of Rs.1800/-. Subsequently, the University again fixed the

pay scale of the employees of the college and the University.

From perusal of the pay fixation chart relating to the concerned

college, wherein the name of the petitioner is mentioned at

Serial No.11, it appears that the petitioner was granted the

benefit of 7th pay revision and his pay as on 01.07.2017 was

fixed at Rs.13610/-.

7. The learned counsel for the petitioner submits that

vide Pay Verification Certificate No.01041904022320, the Pay

Verification Cell of the Education Department of the State

Government fixed the pay of the petitioner whereby the pay of

the petitioner on 01.07.2018 has been fixed at Rs.11,150/- with

Grade Pay of Rs.1,900/-, which is even lesser than the pay fixed

by the University on 01.07.2017 i.e. Rs.13610/- and the same is

in complete violation of the orders passed by this Court in

C.W.J.C. No.7636 of 2014, wherein a Coordinate Bench of this

Court vide judgment dated 15.01.2015 held as follows:

“16. In view of the above, the objection
of the Pay Verification Cell cannot have the effect of
annulling previous notifications issued by the
University, unilaterally, nor can such objection have
the effect of modifying the previous notification
Patna High Court CWJC No.7684 of 2022(8) dt.18-03-2026
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issued in favour of the petitioners. Such objections
will be treated as audit objections for which notices
would be required to be given to the University
concerned, which in turn will issue notice to the
concerned affected teachers and employees, seek
their response and the University thereafter will
revert to the Pay Verification Cell. If the response of
the University or the concerned employee is not
found to be satisfactory, the State Government can
issue appropriate direction to the University to issue
appropriate corrigendum within the time frame so
fixed. But the final notification and amendment or
corrigendum or clarification of the previous decision
has to be taken by the University because Pay
Verification Cell does not have any power in this
regard.
17. Yet another serious infirmity found
by the Court is that the decision contained in
Annexure-8 series has been passed in gross violation
of the principles of natural justice because the
decision so taken by the Pay Verification Cell has
serious civil consequences for these petitioners since
they are going to not only loose out on the salary
they have so earned but even the orders of
promotion etc. which they have acquired over a
period of time on the basis of the date of their initial
absorption on their respective post and position gets
altered.”
8. Per contra, the learned counsel appearing on behalf

of the State submits that the pay fixation of the petitioner, done

by the Pay Verification Cell of the State Government, is in

accordance with law, since the Pay Verification Cell has got
Patna High Court CWJC No.7684 of 2022(8) dt.18-03-2026
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jurisdiction to fix the pay of the University employees and has

got authority to alter the pay fixation done by the Statutory Pay

Fixation Committee of the University, if it is found that the said

pay fixation has been done incorrectly.

9. Learned counsel for the petitioner submits that the

Pay Verification Cell has got no jurisdiction to fix the pay of the

University employees and it is the Statutory Pay Fixation

Committee of the University, which is competent to fix the pay

of the teaching and non-teaching employees of the University

and the Pay Verification Cell can only raise audit objection with

regard to the fixation done by the University and communicate

the said objection to the University. The University, in turn, is

required to issue notice to the concerned person/employee and

after considering the reply submitted by the concerned person,

the University is competent to fix the pay of the employee.

10. The learned counsel for the petitioner refers to and

relies on a judgment dated 13.11.2024, passed in C.W.J.C.

No.16104 of 2024, Suray Deo Paswan vs. The State of Bihar &

Ors., wherein a Coordinate Bench of this Court, after

considering the powers vested in the Statutory Pay Fixation

Committee of the University and also the order dated

15.01.2015, passed in C.W.J.C. No.7636 of 2014, in paragraph
Patna High Court CWJC No.7684 of 2022(8) dt.18-03-2026
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no.-27, held as follows:

“27. The court is in complete agreement
with the submissions made by the learned counsel
appearing on behalf of the petitioner as such the
order impugned dated 22-7-2023 (Annexure-16)
along with the pay verification certificate issued
vide receipt No. 1711220100242 issued under the
signature of the authorized officer, Pay Verification
Cell, Department of Education Government of
Bihar, Patna (Annexure-p/14) are hereby quashed
and the matter is remanded back to the State
authorities for proceeding afresh in accordance with
law.”
11. Having heard the learned counsel for the parties

and after going through the records, this Court is of the opinion

that the Pay Verification Certificate issued vide

No.01041904022320 under the signature of the Authorized

Officer, Pay Verification Cell, Department of Education,

Government of Bihar, Patna, as contained in Annexure-7 to the

writ petition has been issued in complete violation of the

principles of natural justice, since no notice whatsoever was

issued to the petitioner, before reducing his pay scale and the

Pay Verification Cell has got no jurisdiction to unilaterally

reduce the pay of the University employee.

12. Accordingly, the Pay Verification Certificate,

issued vide no.01041904022320, under the signature of the

authorized officer, Pay Verification Cell, Department of
Patna High Court CWJC No.7684 of 2022(8) dt.18-03-2026
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Education, Government of Bihar is hereby quashed and the

matter is remitted back to the State-Respondents for proceeding

afresh in accordance with law, i.e., by giving notice to the

concerned University, who, in turn, will issue notice to the

petitioner and after considering the reply submitted by the

petitioner, will make any correction in the pay scale, if required.

It goes without saying that the petitioner would be entitled for

all the benefits, i.e., the pay scale which he was getting prior to

issuance of the Pay Verification Certification

No.01041904022320.

13. With the aforementioned observation and

direction, the writ petition is allowed.

14. Pending application(s), if any, shall also stands

disposed of.

(Ritesh Kumar, J.)

Sanjay/-

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Lawyer court records for this case

Associated through the court’s case reference.

Ashok Kumar Garg