Amit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6081 of 2025 ====================================================== Amit Kumar Singh S/o Shambhu Sharan Singh, Resident of - Rupaspur, Panchanpur, Gaya, P.S. - Panchanpur, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Education, New Secretariat, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.
3.
The Director, Higher Education, Department of Education, Government of Bihar, New Secretariat, Patna.
4.
The Authorised Officer, Pay Verification Cell, Department of Education, Government of Bihar, Patna having its office at B.S.T.B.P. Corporation, Buddha Marg, Patna.
5.
The Magadh University, Bodh Gaya through its Registrar. 6.
The Vice Chancellor, Magadh University, Bodh Gaya. 7.
The Registrar, Magadh University, Bodh Gaya.
8.
The Finance Officer, Magadh University, Bodh Gaya. 9.
The Principal, S.N.S. College, Tekari, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritesh Kumar For the Respondent/s :
AC to GP-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-04-2025
1. Heard learned counsel for the petitioner, learned AC to GP-11 for the State and the learned counsel appearing on behalf of the Magadh University.
2. Learned counsel for the petitioner submits that the instant writ application has been filed for setting aside the Pay Verification Certificate issued vide receipt no. 1607220100017 under the signature of authorized officer, Pay Verification Cell, Department of Education, Government of
2/4 Bihar, Patna (Annexure-10) whereby the petitioner has been designated as Lower Division Clerk instead of Routine Clerk and has been given the pay scale of Level-3 (Rs. 2170069100/-) instead of Level-5 (Rs. 29200-92300/-) and the basic pay of the petitioner as on 25.07.2011 i.e. the date of joining has been fixed at Rs. 5200/- with Grade Pay of Rs. 1900/-, instead of Grade Pay of Rs. 2400/- and his basic pay has been reduced to Rs. 21100/- as on 01.01.2016 instead of Rs. 25500 which was fixed by the University on 01.01.2016, without any authority and in violation of the Principles of Natural Justice.
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 principles 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 the order dated 13.11.2024 passed in C.W.J.C. No. 16104 of 2024.
4. Learned counsel appearing on behalf of the petitioner submits that if the Pay Verification Cell was of the opinion that the salary of the petitioner needs to be scaled down in that event the Pay Verification Cell had to issue a
3/4 notice to the University and the University in turn would have sought an explanation from the petitioner but then the same was not done and the entire exercise was carried behind the back of the petitioner. It is further submitted that any order passed which has civil consequences cannot be countenanced when the same is issued in breach of the principles of natural justice. It is next submitted that this Court in C.W.J.C. No. 16104 of 2024 (Suray Deo Paswan Vs. The State of Bihar & Ors.) vide order dated 13.11.2024 had quashed the Pay Verification Certificate and had remanded the matter back to the authority for considering it afresh in accordance with law.
5. After hearing the learned counsel for the parties, the writ application is allowed and the Pay Verification Certificate issued vide receipt no. 1607220100017 by the Education (PVC) Department, Government of Bihar, Patna is hereby quashed on the ground that the same has been issued in complete violation of the principles of natural justice as held by this Court in C.W.J.C. No. 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 quashing of the Pay
4/4 Verification Certificate automatically means that the petitioner would be entitled for the scale which he was receiving prior to issuance of the aforesaid Pay Verification Certificate. (Satyavrat Verma, J) Rishabh/- U