Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12598 of 2025 ====================================================== Surendra Prasad Son of Ram Peyare Roy, Resident of Village- Nakatpura, Police Station- Bihar Sharif, District- Nalanda, Pin Code- 803101. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Higher Education Department, Government of Bihar, New Secretariat, Patna. 2.

The Principal Secretary, Higher Education Department, Government of Bihar, New Secretariat, Patna.

3.

The Secretary, Higher Education Department, Government of Bihar, New Secretariat, Patna.

4.

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

5.

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

6.

The Vice Chancellor, Patliputra University, Patna. 7.

The Registrar, Patliputra University, Patna.

8.

The Finance Officer, Patliputra University, Patna. 9.

The Principal, Ram Lakhan Singh Yadav Mahavidyalaya, Bakhtiyarpur, Patna.

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

For the Petitioner/s :

Mr. Gopal Govind Mishra, Adv For the Respondent/s :

Mr. Vivek Prasad, Government Pleader (7) Mr. Sanjay Kumar, AC to GP 7 Ms. Roona, AC to GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 06-07-2026 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following relief(s):

2/5 "(i) For issuance of writ in the nature of Certiorari for quashing of Pay Verification Certificate No.

dated 22.07.2023 2507221000289 issued by the Government of Bihar, Higher Education Department, Pay Verification Cell, Patna (Annexure-P whereby and where under the fixation of pay scale petitioner was 01.01.2023 at of the revised on the scale of Rs.

25,500 81,100 (Level IV) on grade pay Rs. 1900/- from 01.07.2023 at the place of Rs. 5200 20,200 and grade pay Rs. 2400/- on the post of Routine Clerk contrary to the law which is not sustainable in the eye of law.

(ii) For issuance of writ in the nature of Mandamus for direction to the respondent authorities for fixation of pay scale of the petitioner at the scale of Rs. 5200-20200 and grade pay Rs. 2400/- which was received by the petitioner on the basis of fixation made by the Magadh University, Bodh Gaya on 14.10.2017 on the post of Routine Clerk along with all consequential benefits in accordance with law in the interest of justice.

(iii) And/or any other

3/5 relief/reliefs and compensation admissible under the law in the light of facts and circumstances of the case in the interest of justice."

4. After advancing some argument, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by judgment and order dated 13.11.2024 passed in C.W.J.C. No. 16104 of 2024 by a co-ordinate Bench of this Court. He, therefore, submits that for seeking the aforesaid reliefs, the petitioner be granted an opportunity to file a fresh representation before the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna in light of the above judgment being relied upon by the petitioner. He further prays that the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna may be directed to dispose of his representation within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent-State does not have any objection.

6. Considering the limited nature of prayer being

4/5 made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna in light of judgement and order dated 13.11.2024 passed in C.W.J.C. No. 16104 of 2024 within one month from the date of this order and if such a representation is filed within the stipulated time then the respondent no. 5 i.e. the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna shall dispose of the representation of the petitioner within a period of three months from the date of receipt of the representation, after giving an opportunity of hearing to the petitioner.

Needless to emphasize that the final order which shall be passed by the Authorised Officer, Pay Verification Cell, Higher Education Department, Government of Bihar, Patna should be a reasoned and speaking order. It is further made clear that in case, the petitioner is found entitled to the relief which he would be claiming through the representation, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order.

7. With the aforesaid observation/direction and liberty

5/5 granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U