Subodh Kumar SudhanshuversusThe State of Bihar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.8381 of 2025
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1.    Subodh Kumar Sudhanshu, Son of Kartik Das, Resident of care of Basant
      Das, Ward No.- 1, P.O.- Belhar, P.S.- Belhar, District- Banka, Pin Code-
      813202.
2.   Kumari Nutan Keshri, Daughter of Ugramohan Keshari, Resident of
     S.M.College Road, Near Maa Tara Lage, Shiri Ghat, P.O. and P.S.-
     Jagdishpur, District- Bhagalpur, Pin Code- 812001.
3.   Kumar Prashant, Son of Rajendra Prasad Thakur, Resident of 46, College
     Road, Choudhary Colony, P.O. and P.S. and District- Sahebganj (Jharkhand),
     Pin Code- 816109.

                                                                ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Additional Chief Secretary, Education
     Department, Bihar, Patna.
2.   Director, Higher Education, Education Department, Bihar, Patna.
3.   Authorised Officer, Pay Verification Cell, Education Department, Bihar,
     Patna.
4.   Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar.
5.   Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.
6.   Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur.

                                               ... ... Respondent/s
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     Appearance :
     For the Petitioner/s   :     Mr. Abhinav Shrivastava, Sr. Advocate
                                  Mr. Pushkar Bhardwaj, Advocate
                                  Md. Tauseef Waquar, Advocate
                                  Mr. Akshat Kumar, Advocate
     For the State          :     Mr. Dhurendra Kumar, AC to GP- 5
     For the University     :     Mr. Ashhar Mustafa, Advocate
                                  Ms. Anita Kumari, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 13-01-2026

                       Heard Mr. Abhinav Shrivastava, learned Senior

      Advocate with Mr. Pushkar Bhardwaj, learned Advocate for the

      petitioners and the learned Advocate for the University. The
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         State is represented by Mr. Dhurendra Kumar, learned

         Advocate.

                         2. The petitioners, presently posted and working

         against different non-teaching posts in the services of the Tilka

         Manjhi Bhagalpur University, Bhagalpur (hereinafter referred to

         as ‘the University’), have preferred the present writ petition

         seeking quashing of the Pay Verification Letters (as contained in

         Annexure-12 Series to the writ petition) issued by the concerned

         authorities under the Pay Verification Cell of Education

         Department of the State Government whereby the salaries

         admissible in favour of the petitioners is said to have been

         wrongly fixed contrary to fixation of their salaries having been

         done by the Statutory Pay Fixation Committee of the University.

                         3. Learned Senior Advocate for the petitioners

         taking this Court through the various annexures appended to the

         writ petition has primarily contended that there is no

         confrontation that the petitioners were initially appointed and

         their services were confirmed on their respective posts vide

         Annexures-P/7 and P/10 of the writ petition. They have also

         been granted the revision of their respective pay scales and

         finally extended the benefit of M.A.C.P. At no point of time any

         objections have been raised, as all the benefits have been
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         bestowed by the order of the Statutory Pay Fixation Committee

         of the University. However, all of a sudden the impugned Pay

         Verification Letters came to be issued, the copies of which have

         been placed on record as Annexures- 12 Series, slashing down

         the pay scale and consequent salary of the petitioners.

                         4. While assailing the action of the concerned

         respondent authorities of the Pay Verification Cell, learned

         Senior Advocate for the petitioners vehemently contended that

         besides the impugned Pay Verification Letters are wholly

         arbitrary and without jurisdiction, the same has been issued

         unilaterally without giving notice or opportunity of hearing to

         the University as well as the aggrieved petitioners. The action of

         the respondents is also said to be in the teeth of the mandate of

         this Court rendered in C.W.J.C. No. 7636 of 2014 (Dr. Kedar

         Nath Pandey & Ors. Vs. Magadh University, Bodhgaya &

         Ors.), reported in, 2015(1) PLJR 574.

                         5. Taking this Court through the afore noted

         decision, especially paragraph nos. 16 and 17 thereof, it is

         submitted that 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 issued in favour of the
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         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, seeking their

         response and the University thereafter will revert to the Pay

         Verification Cell. The impugned Pay Verification Certificate

         issued by the State Government is said to have 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.

                         6. Taking note of the mandate of this Court passed

         in the case of Dr. Kedar Nath Pandey & Ors. (supra) a

         coordinate Bench of this Court in the case of Suray Deo

         Paswan Vs. The State of Bihar & Ors. (C.W.J.C. No. 16104 of

         2024) has also condemned such action of the State Government

         and observed that if by a decision some civil consequences

         follow in that event the aggrieved must be heard. Despite the

         specific direction of this court in earlier round of litigation as

         recorded in the case of Dr. Kedar Nath Pandey & Ors. (supra)

         the Pay Verification Cell cannot take a decision unilaterally with

         regard to scaling down of the pay scale of an employee of the

         University. Accordingly, the pay verification certificate issued
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         by the Pay Verification Cell were quashed and the matter was

         relegated to the State authorities for proceeding afresh in

         accordance with law.

                         7. Learned Senior Advocate for the petitioners thus

         contended that the case of the petitioners is squarely covered

         with the decisions referred hereinabove.

                         8. Learned Advocate for the State primarily

         confronted the submissions set forth by the learned Senior

         Advocate for the petitioners, however, referring to paragraph

         no.15 of the counter affidavit he further submits that the present

         writ petition may be disposed of with a direction to treat the

         entitlement slip issued in favour of the petitioners as objection

         of Pay Verification Cell and the University may be directed to

         make request for issuance of modified entitlement by meeting

         the objection in terms of order dated 15.01.2015 passed in

         C.W.J.C. No. 7636 of 2014.

                         9. Having considered the submissions advanced by

         the learned Advocate for the respective parties and taking note

         of the decisions rendered in the case of Dr. Kedar Nath Pandey

         & Ors. and Suray Deo Paswan (supra) as well as the

         averments made in paragraph no. 15 of the counter affidavit and

         also the admitted position that at no point of time the petitioners
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                      have been put to notice either by the authorities of Pay

                      Verification Cell of State Government or the University, the

                      impugned Pay Verification Letters, as contained in Annexures-

                      12 Series are hereby set aside.

                                      10. The writ petition accordingly stands allowed,

                      however, with liberty to the concerned respondents to act in

                      accordance with law and statute, keeping in mind the mandate

                      of this Court.



                                                  (Harish Kumar, J)

uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.01.2026
Transmission Date       NA