Manoj Kumar Jaisawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11285 of 2025 ====================================================== Manoj Kumar Jaisawal S/o- Late Anant Prasad Choudhary, R/o- Near Middle School, Karpuri Tola, Parbatta, Bharatkhand, P.S.- Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, 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 Registrar. 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 / Admin 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.Siddhartha Prasad For the Respondent/state:

Mr. Sanjay Kumar, A.C. to GP 23 For the TMBU University:

Mr. Ashhar Mustafa, Advocate Ms. Anita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2025

1. The present writ application has been filed for the following reliefs:- a) For issuance of appropriate writ(s), order(s), direction(s) for setting aside the Pay Verification Certificate issued by the Authorized Officer, Pay Verification Cell, Education Department, Government

Patna High Court CWJC No.11285 of 2025(2) dt.17-07-2025 2/3 of Bihar vide Receipt No. 0508220700222 w.r.t. petitioner ( Annexure - P/12) whereby and whereunder the petitioner has been designated as Store Keeper instead of Assistant and petitioner's pay scale has been reduced to 25500-81100 (Grade Pay - 2000) in place of pay scale 9300-34800 (Grade Pay - 4600) which was being paid to him since 2019 without any authority of law and in violation of Principles of Natural Justice and violation of settled law. b) For issuance of appropriate writ(s), order(s), direction(s) for commanding the University and Education Department, Government of Bihar to treat the petitioner as Assistant since the petitioner has been performing the duties of Assistant right from the time of his initial engagement as daily wager in the year 2008 till date and he has been getting the salary and other benefits of the Assistant.

c) For issuance of appropriate writ(s), order(s), direction(s) commanding the respondents not to interfere with the pay fixation of the petitioner done by the statutory pay fixation committee of the respondent University and to restore the pay scale and designation of petitioner, which had been fixed and was being paid by the University to the petitioner till October, 2024. The petitioner further prays for payment of arrears accrued in favour of the petitioner from November, 2024 because of the illegal reduction in the pay scale of the petitioner.

d) Pass such other order(s) direction(s) for which petitioner is entitled in the facts and circumstances of the instant case.

Patna High Court CWJC No.11285 of 2025(2) dt.17-07-2025 3/3

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 submits 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