Md Abdullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9838 of 2025 ====================================================== Md Abdullah Son of Late Md Jalil Ansari, Posted as Assistant, Tilka Manjhi Bhagalpur University, Statistical Department, Bhagalpur, Resident of 8A, Mokimon Lane, near Tiwari Talab Chowk, Dawood Chak, Jagdishpur, PostBhagalpur City, District - Bhagalpur- 812002 (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Higher Education, Education Department, Government of Bihar, Patna.

4.

The Authorized Officer, Pay Verification Cell, Education Department, Government of Bihar, Patna.

5.

The Tilka Manjhi Bhagalpur University Bhagalpur through its Vice Chancellor.

6.

The Vice Chancellor, Tilka Manjhi Bhagalpur University Bhagalpur. 7.

The Registrar, Tilka Manjhi Bhagalpur University Bhagalpur. 8.

The Finance Officer, Tilka Manjhi Bhagalpur University Bhagalpur. 9.

The Nodal Officer/ADMN, Pay Verification, Tilka Manjhi Bhagalpur University Bhagalpur.

10.

The Incharge, Pay Verification, Tilka Manjhi Bhagalpur University Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Munna Pd Dixit (M.P. Dixit), Advocate Mr. Sanjay Kumar Dixit, Advocate Mr. Sanjay Kumar Chaubey, Advocate Mr. Shailendra Kumar, Advocate Mr. Punit Ranjan Dixit, Advocate Mr. Milind Raj Dixit, Advocate Mr. Swarnika Singh, Advocate For the Respondent/s :

Mr. Government Advocate (5) For TMBU University :

Mr. Ashhar Mustafa, Advocate Mrs. Anita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 24-06-2025 Heard learned counsel for the parties.

2. In this writ petition, the petitioner has challenged

Patna High Court CWJC No.9838 of 2025(2) dt.24-06-2025 2/3 the Pay Verification Certificate, issued vide receipt no. 2802240700002 (Annexure-P/8), under the signature of authorized officer, Pay Verification Cell, Department of Education, Government of Bihar, Patna, whereby the basic pay of the petitioner of 43,600/- fixed as on 01.01.2016 in Level- ₹ VI ( 9300-34800, Grade Pay 4,200/) has been reduced and ₹ ₹ fixed at 20,500/- as on 01.00.2016 in Level-II ( 5,200- ₹ ₹ 20200/-, Grade Pay 1,900/-).

₹ ₹

3. The petitioner contends that the impugned pay verification certificate has been issued in violation of principle of natural justice as the same has been issued without hearing the petitioner.

4. The petitioner also contends that similar issue has been decided by this Court in C.W.J.C. No. 16104 of 2024 vide order dated 13.11.2024, in which writ petition similar pay verification certificate, issued by the authorized officer, Pay Verification Cell of the Department of Education, Government of Bihar reducing the pay scale without issuing show cause notice, has been set aside and quashed.

5. The said contention of the petitioner has not been disputed by learned counsel for the respondents.

6. Under the circumstances, since learned counsel for

Patna High Court CWJC No.9838 of 2025(2) dt.24-06-2025 3/3 the respondents have conceded to the contention raised by the petitioner, this writ petition is hereby allowed by setting aside the Pay Verification Certificate, issued vide receipt no. 2802240700002 (Annexure-P/8), under the signature of authorized officer, Pay Verification Cell, Department of Education, Government of Bihar, Patna.

7. Needless to say that, upon setting aside of the impugned pay verification certificate as contained in AnnexureP/8, earlier pay scale drawn by the petitioner shall stand restored.

(Nani Tagia, J) Amrendra/- U