Phakirchand Prasad Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5609 of 2026 ====================================================== Phakirchand Prasad Verma son of Late Kameshwar Saw, Resident of VillageSaluganj, Police Station-Bihar Sharif, District- Nalanda. Pin-803101, At present Routine Clerk, Nalanda College, Biharshrif, Nalanda. Mobile No.9708543756 ... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Higher Education Department, Government of Bihar, New Secretariat, Patna. 2.
The Additional Chief Secretary, Higher Education Department, Government of Bihar, New Secretariat, Patna.
3.
The Secretary, Higher Education Department, Government of Bihar, New Secretariat, Patna.
4.
The Director, Higher Education Department, Government of Bihar, New Secretariat, Patna.
5.
The Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna.
6.
The Vice Chancellor, Patliputra University, Patna. 7.
The Registrar, Patliputra University, Patna.
8.
The Finance Officer, Patliputra University, Patna. 9.
The Principal, Nalanda College, Biharsharif, Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Govind Mishra, Adv.
Mr.Kumar Brij, Nandan Singh, Adv.
For the State :
Mr.Government Pleader 18 Mr.Navnit Kumar, Adv. AC to GP-18 For PPU :
Mr.P.K. Verma, Sr. Adv.
Mr.Dr.Anand Kumar, Adv.
Miss.Tooba Hera, Adv.
Mr.Abhishek Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-04-2026 Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
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3. In the present writ application, the petitioner has prayed for the grant of following reliefs:
"(I) For issuance of writ in the nature of Certiorari for quashing of Pay Verification receipt No. 2507221000825 dated 22.07.2023 of the Petitioner issued by the Higher Education Department, Government of Bihar, Pay Verification Cell, Patna Annexure-P/6 whereby and where under the fixation of pay scale of the petitioner was revised in Pay Band of Rs.52,00,-20,200, (level 2) grade pay Rs. 1900/- w.e.f. 01.07.2023 at the place of Revised pay scale in Pay Band range as on 01.07.2019 at pay scale of Rs. 5,200-20,200 (level 5) grade pay Rs. 2800/- and basic pay scale Rs.14,590 as on 01.01.2016 on the post of Routine Clerk which was earlier granted by the Partliputra University to the petitioner.
(ii) For issuance of writ in the nature of Mandamus for direction to the respondent authorities for fixation of pay scale of the petitioners at the revised pay scale in Pay Band range as on 01.07.2019 at pay scale of Rs. 5,200-20,200 (level 5) grade pay Rs. 2800/- and basic pay scale Rs.14,590 as on 01.01.2016 on the post of Routine Clerk which was earlier granted by the Partliputra University to the petitioner for which the petitioner is entitled in the light of notification issued by the Magadh University Bodh Gaya and Patliputra University in accordance with law in the interest of justice. (iii) And/or any other relief/reliefs and compensation admissible under the law in the light of facts and circumstances of the case in the interest of justice."
4. After advancing some argument, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by judgment and order dated 13.11.2024 passed in CWJC
3/4 No. 16104 of 2024 by a coordinate Bench of this Court. He, therefore, submits that for seeking the aforesaid reliefs, the petitioner is prepared to file a fresh representation before the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna (respondent no. 5) in light of the above judgment being relied upon by the petitioner. He further prays that the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna may be directed to dispose of his representation within a fixed time frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid submission being made by learned counsel for the petitioner, learned counsel appearing for the respondent-State does not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a fresh representation before the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna in light of the judgment and order dated 13.11.2024 passed in CWJC No. 16104 of 2024 by a coordinate Bench of this Court, within one month from the date of this order and if such a representation is filed within the stipulated time, the respondent no. 5 (Authorised Officer, Pay Verification Cell, Higher Education Department,
4/4 Government of Bihar, Patna) shall dispose of the representation of the petitioner within a further period of three months from the date of receipt of the representation, after giving an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which shall be passed by the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna should be a reasoned and speaking order. In case, the petitioner is found entitled to the relief which the petitioner would be claiming through the representation, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order by the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna (respondent no. 5).
8. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kundan/- U