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Patna High CourtCWJC/5735/2026allowed

Mahesh Jha v. The State Of Bihar

2026-04-21Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5735 of 2026 ====================================================== Mahesh Jha son of Late Prabodh Narayan Jha, resident of Village-Gandhrain, Post-Barsam, Rudrapur, District - Madhubani, Pin Code-847411. ... ... 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 For the Respondent/s :

Mr. Ranjeet Kumar, AC to Standing Counsel (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2/ 21-04-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner by referring to Annexure P/8 submits that contrary to the pay scale fixed by the Statutory Pay Fixation Committee to the tune of Rs. 98,200/- w.e.f 01.01.2016, the State Government, through its Pay Verification Cell of Education Department, which is appended to the writ petition as Annexure P/10, has been interfered with

Patna High Court CWJC No.5735 of 2026(2) dt.21-04-2026 2/3 and slashed down to the tune of Rs. 84,700/-.

3. It is next submitted that in similar situation the Coordinate Bench of the this Court in the case of Suray Deo Paswan v. The State of Bihar & Ors (CWJC No. 16104 of 2024) has interfered with the pay fixation certificate issued by the Department of Education has set aside the pay slip issued in contravention of the Statutory Pay Fixation Committee and further relying upon the said judgment in several cases, the Coordinate Bench has directed the authorities of the State to proceed afresh in accordance with law and the petitioner has been allowed to receive pay on the basis of pay fixation made by the Statutory Committee of the University till the final decision is taken by the State Authorities by following the principles of natural justice and as also the principles laid down in the case of State of Bihar & Ors v. Sunny Prakash & Ors (Civil Appeal No. 516 of 2013.

4. On the other hand, learned counsel for the State and that of University submit that in view of the issues having been put at rest in the case of Suray Deo Paswan (supra), appropriate directions may be issued.

5. Considering the aforesaid, the pay slip issued by the Pay Verification Cell, Department of Education,

Patna High Court CWJC No.5735 of 2026(2) dt.21-04-2026 3/3 Government of Bihar, Patna vide Receipt No. 0908220900310, 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 pay as per the fixation made by the Statutory Committee of the University.

6. The writ petition stands allowed.

(Ajit Kumar, J) perwez U