Jagmohan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.337 of 2023 ====================================================== Jagmohan Giri Son of Late Ganga Giri, Resident of Village- Milki, Police Station - Imadpur, District- Bhojpur. At present residing at 6LF-08/477, Bahadurpur Housing Colony, Sampatchak, Police Station - Agam Kuan, District- Patna.

... ... Petitioner/s

Versus

1.

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

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

3.

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

4.

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

5.

The Vice Chancellor, Magadh University, Bodh Gaya, Gaya. 6.

The Registrar, Magadh University, Bodh Gaya, Gaya. 7.

The Finance Officer, Magadh University, Bodh Gaya, Gaya. 8.

The Principal College of Commerce, Art and Science, Patna-800020. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Govind Mishra, Advocate For the State :

Mr. Kameshwar Kumar ( GP-17 ) For the M.U.

:

Mr. Om Prakash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 08-05-2025 Heard learned counsel for the parties.

2. The petitioner, who retired from the post of Laboratory In-charge from the college of Commerce, Patna, has filed this writ petition challenging the Pay Verification Certificate No. 21072201002918 issued by the Government of Bihar, Higher Education Department, Pay Verification Cell,

Patna High Court CWJC No.337 of 2023 dt.08-05-2025 2/3 Patna (PVC) (Annexure-13 to the writ petition), whereby, the petitioner's pay scale has been reduced to that of Laboratory Bearer which is a post lower in rank than the post of Laboratory In-charge, from which post the petitioner has retired.

3. The challenge to the aforesaid Pay Verification Certificate (PVC) issued by the respondent authorities has been made on the ground that the same has been issued by the authorities behind the back of the petitioner without issuing any show cause notice or providing an opportunity of hearing to the petitioner.

4. Though respondents have filed a counter affidavit, but the advocates appearing for the respondents - State as well as the University have not been able to point out from the counter affidavit that the impugned Pay Verification Certificate was issued by the respondent authorities after issuing show cause notice to the petitioner and giving the petitioner an opportunity of hearing.

5. Under the circumstances, since it has not been disputed by the respondent authorities that the impugned Pay Verification Certificate reducing the scale of pay of the petitioner from Laboratory In-charge to Laboratory Bearer was issued without giving an opportunity of hearing to the petitioner,

Patna High Court CWJC No.337 of 2023 dt.08-05-2025 3/3 this writ petition is hereby allowed by setting aside the Pay Verification Certificate No. 21072201002918 issued by the Government of Bihar, Higher Education Department, Pay Verification Cell, Patna (Annexure-13 to the writ petition).

6. The respondent authorities shall, however, be at liberty to proceed against the petitioner, if so advised, in accordance with law insofar as the pay scale of the petitioner is concerned after providing an opportunity of hearing to the petitioner.

7. The writ petition stands allowed.

(Nani Tagia, J) Nilmani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 09/05/2025 Transmission Date N/A