Md. Tosif Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17165 of 2021 ====================================================== Md. Tosif Ahmad S/o Late Naseem Ahmad Resident of Mohalla- Samanpur, Madarsa Road, P.S.- Shashtri Nagar, District- Patna- 14. ... ... Petitioner/s
Versus
1.
The State of Bihar through Secretary, Education Department, Govt. of Bihar, Patna.
2.
The Director, Higher Education, Govt. of Bihar, Patna. 3.
The Vice Chancellor, Patna University, Patna. 4.
The Registrar, Patna University, Patna.
5.
The Finance Officer, Patna University, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Md. Abu Haider, Advocate :
Md. Abu S., Advocate For the State :
Mr. Prabhakar Jha ( Gp27 ) For the University :
Mr. Ranjeet Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL JUDGMENT Date : 02-07-2026 Heard the parties.
2. The petitioner has filed the present writ petition for a direction upon the authorities concerned for fixation of his salary as per 7th revised pay scale in the grade pay of Rs. 1800/-, which was granted to the petitioner since 2014 vide Memo No. 963 dated 12.08.2014 and for making payment of the benefits of the ACP and the difference of the salary and other benefits after fixation of the 7th revised pay after giving benefits of the grade pay of Rs. 1800/-.
3. The learned counsel for the petitioner while
2/5 referring to the supplementary counter affidavit filed on behalf of the Patna University submits that in paragraph no. 7, it has been stated that Rs. 5,23,081/- was found payable to the petitioner for the difference of salary from February 2002 to March 2019 and out of the same, 50% of the amount to the tune of Rs. 2,61,540/- has been paid from the internal resources of the University, in absence of release of fund by the State Government, vide Advice No. 45 dated 10.04.2023. He submits that the remaining amount to the tune of Rs. 2,61,540/- has not been paid to the petitioner despite its acknowledgment by the University in their supplementary counter affidavit.
4. The learned counsel for the Patna University submits that the matter with regard to the entitlement of the petitioner was examined at the level of the University and after grant of the benefits of 7th pay revision, the petitioner has been found entitled for payment of Rs. 5,23,081/-. Out of the admitted amount of Rs. 5,23,081/-, the 50% amount to the tune of Rs. 2,61,540/- has been paid from the internal resources of the University on 10.04.2023 and the remaining amount has not been paid to the petitioner, since the pay verification slip of the petitioner has not been received from the State Government. He further submits that the petitioner has not submitted his
3/5 application along with all the relevant documents on the online portal of the State Government/Pay Verification Cell for issuance of pay verification slip in his favour. He further submits that as soon as the petitioner will submit the application along with the requisite documents on the portal of the Education Department, and after its verification by the Pay Verification Cell of the Education Department, the University will make payment of the remaining amount to the petitioner at the earliest.
5. The learned counsel for the petitioner submits that he will be submitting his application along with all the requisite documents on the online portal of the Education Department as soon as possible, subject to the same being made available to the petitioner.
6. The learned counsel for the State submits that if the petitioner will approach the authorities of the State Government with a request to submit his documents online on the portal of the State Government, his request will be considered and permission will be granted to upload the same on the portal of the State Government within a period of two weeks from the date of receipt of his application before the Authorised Office, Pay Verification Cell, Department of Education, Government of
4/5 Bihar.
7. Having considered the rival submissions and after going through the records, it appears that the University has accepted the entitlement of the petitioner to the tune of Rs. 5,23,081/-, however Rs. 2,61,540/- i.e. 50% of the admitted amount has been paid to the petitioner and the remaining amount has been decided to be paid after receipt of the pay verification slip in favour of the petitioner. It appears that while releasing funds to the Universities, the State Government specifically mentions that in absence of pay verification certificate in favour of any of the employees, 75% of the amount has to be paid to him towards his arrears and after receipt of pay verification certificate, the remaining 25% has to be paid. In view of the directions of the State Government, the University was required to make payment of the 75% of the admitted amount, instead of 50% amount.
8. Accordingly, the University is directed to make payment of the 25% of the remaining amount to the tune of Rs. 2,61,540/- to the petitioner within a period of six weeks. The University will be obliged to make payment of the remaining 25% of the amount after receipt of pay verification certificate from the State Government.
5/5
9. The State Government is directed to issue the pay verification slip in favour of the petitioner within a period of four weeks from the date of receipt of the online application of the petitioner on the portal of the Education Department and to release the amount, for which the petitioner is entitled, as has been admitted by the University in paragraph no.7 of the supplementary counter affidavit, within a further period of six weeks thereafter.
10. The writ petition is disposed of accordingly. (Ritesh Kumar, J) AjayMishra/- AFR/NAFR CAV DATE NA Uploading Date 02.07.2026 Transmission Date NA