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Patna High CourtCWJC/3890/2025disposed

Om Narayan Singh v. The State Of Bihar

2025-04-17Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3890 of 2025 ====================================================== Om Narayan Singh son of Late Rudra Narayan Singh, resident of MohallaMunna Chak, Police Station- Kankarbagh, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Higher Education Department, Government of Bihar, Vikash Bhawan, Patna. 2.

The Joint Secretary, Higher Education Department, Government of Bihar, Vikash Bhawan, Patna.

3.

The Patliputra University through its Registrar, Patna. 4.

The Registrar, Patliputra University, Patna.

5.

The Principal, College of Commerce, Arts and Science, Patna-20. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar, Advocate For the Respondent/s :

Mr. AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-04-2025

1. Heard learned counsel for the petitioner, learned AC to SC-23 for the State and learned counsel appearing on behalf of the University.

2. Learned counsel for the petitioner submits that the instant writ application has been filed for quashing the Pay Verification Cell letter issued by the Education Department, Government of Bihar, Patna whereby the pay-scale of Rs.4,000/- to Rs.6,000/- granted to the petitioner w.e.f. 04.04.2005 on the post of Routine Clerk on his appointment on compassionate ground in the College of Commerce, Arts & Science, Patna-20, under Patliputra University, Patna has been reduced retrospectively in the pay-scale of Rs.3,050/- to

Patna High Court CWJC No.3890 of 2025(2) dt.17-04-2025 2/3 Rs.4,590/- fixing his basic pay at Rs.3,050/- in place of Rs.4,000/- on 04.04.2005 and also reducing respectively his grade pay from Rs.2,400/- to Rs.1,900/- and pay band from 5 to 3 and, accordingly, the pay scale of the petitioner has been reduced without affording any opportunity to him.

3. Learned counsel appearing on behalf of the petitioner submits that the only ground on which the impugned Pay Verification Certificate is being challenged is that the same has been issued in complete violation of the principle of natural justice i.e. the petitioner was never given any opportunity to explain his side of the case. It is further submitted that the case is squarely covered by an order dated 13.11.2024 passed in C.W.J.C. No. 16104 of 2024 (Suray Deo Paswan Vs. The State of Bihar & Ors.)

4. Learned counsel appearing on behalf of the State and the University submit that in the case of Suray Deo Paswan (supra), this Court had remanded the matter back to the authority for considering it afresh in accordance with law, as such, the instant writ application can also be disposed of in the same terms.

5. After hearing the learned counsel for the parties, the writ application is allowed and the Pay Verification letter

Patna High Court CWJC No.3890 of 2025(2) dt.17-04-2025 3/3 issued vide receipt no. 2607221000778 by the Education (PVC) Department is hereby quashed on the ground that the same has been issued in complete violation of the principle of natural justice as held by this Court in C.W.J.C. 16104 of 2024 and the Director, Higher Education, Education Department, Government of Bihar, Patna is directed to proceed afresh in accordance with law.

6. It goes without saying that till a decision is not taken, the petitioner stands reverted back to his original payscale. (Satyavrat Verma, J) Kundan/- U