Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6084 of 2025 ====================================================== Dhirendra Kumar S/o - Late Surendra Kumar Singh, Resident of - Khachiya Road, Tarkeshwar Mandir, Rikabganj, Tikari, Gaya, P.S.- Tekarii, DistrictGaya. ... ... 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, Advocate For the Respondent/s :

Mr.Government Pleader (07) Ms. Supragya, AC to GP 7 For the MU :

Mr. Siddhartha Prasad, Advocate Mr. Shyam Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2025

1. The present writ application has been filed for the following reliefs:- "I) For setting aside the Pay Verification Certificate issued vide receipt no.1607220100034

Patna High Court CWJC No.6084 of 2025(2) dt.15-04-2025 2/3 under the signature of the Authorised Officer, Pay Verification Cell, Department of Education, Government of Bihar, Patna (Annexure-P/9), whereby and whereunder the petitioner has been designated as Lower Division Clerk instead of Routine Clerk and has been given the Pay Scale of Level-3 (Rs.21700-69100/-) instead of Level-5 (Rs.29200-92300/-) and the Basic Pay of the petitioner as on 06.07.2006 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. 24500/- on 01.01.2016 instead of Rs. 33300/- which was fixed by the University on 01.01.2016, without any authority, in violation of Principles of Natural Justice and in violation of the judgment passed by Hon'ble Supreme Court of India in Civil Appeal No.516 of 2013 (State of Bihar & Ors Vs Sunny Prakash & Ors.).

II) For commanding the respondents not to interfere with the pay fixation done by the Statutory Pay Fixation Committee of the University and to restore the Pay Scale and Designation of the petitioner, which was fixed by the University, since the same is in consonance with the directions given by the Hon'ble Supreme Court of India in the case of State of Bihar & Anr vs Sunny Prakash & Ors. III) For holding the action of the Authorised Officer, Pay Verification Cell, Department of Education, Government of Bihar, beyond jurisdiction and in violation of the directions of the Hon'ble Supreme Court of India, Hon'ble Patna

Patna High Court CWJC No.6084 of 2025(2) dt.15-04-2025 3/3 High Court and the principles of natural justice. IV) For grant of any other relief/reliefs to which the petitioner may be found entitled for."

2. Learned counsel for the petitioner submits that this case is covered by the judgment of a Co-ordinate Bench of this Court rendered in CWJC No. 16104 of 2024 dated 13.11.2024. Accordingly, the prayer is to dispose the present writ application in terms of the order dt. 13.11.2024 passed in C.W.J.C. No. 16104 of 2024.

3. Learned counsel for the University as well as the State jointly submit that this application is covered by the aforesaid judgment and can be disposed in identical terms.

4. Having heard learned counsel for the parties, the present writ application is disposed exactly in terms of the order dated 13.11.2024 passed in C.W.J.C. No. 16104 of 2024. (Anil Kumar Sinha, J) praful/- U