Syed Dilawer Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.600 of 2025 ====================================================== Syed Dilawer Hussain Son of Late Syed Reyasat Hussain, Resident of Village and P.O. Hasanpura, District- Siwan, the retired Accountant, Z.A. Islamia College, Siwan, District- Siwan.

... ... 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/Incharge Officer, Pay Verification Cell, Education Department, Government of Bihar, Patna.

5.

The Vice Chancellor, Jai Prakash University, Chapra. 6.

The Registrar, Jai Prakash University, Chapra. 7.

The Finance Officer, Jai Prakash University, Chapra. 8.

The Principal, Z.A. Islamia College, Siwan, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh For the State :

Mr. Standing Counsel (6) For the J.P.U.

:

Mr. Bindhyachal Rai Mr. Chandan Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-01-2025 Heard learned counsels for the parties.

2.

Learned counsel for the petitioner submits that the present writ application has been filed for quashing the Pay Verification Letter issued vide receipt no.130622030014, issued by the Education (PVC) Department, whereby and where under the Pay Verification Cell of the Education Department reduced the pay-scale from Rs.70,000/- to Rs.60,400/- on the ground that it was issued without asking any show cause notice or opportunity

Patna High Court CWJC No.600 of 2025(2) dt.21-01-2025 2/3 of hearing to the petitioner either by the Pay Verification Cell or Respondent University as also contrary to the fixation made by the Statutory Pay Fixation Committee of the Respondent University by which the petitioner was granted the prescribed pay-scale of Accountant in Grade Pay- 4200 replacement payscale of Rs.5500-9000 in view of the resolution issued by this Court as well as Supreme Court in Sunny Prakash case and Pay Verification Cell has no authority to reduce the salary of the petitioner as held by this Court in catena of decisions as also the letters issued by the Education Department.

3.

Learned counsel for the petitioner submits that the only ground on which the impugned Pay Verification Certificate is being challenged is that the same has been issued in complete violation of the principles of natural justice i.e. the petitioner was never given any opportunity to explain his side of the case. It is further submitted that the case is squarely covered by the order dated 13.11.2024 passed in CWJC No.16104 of 2024. 4.

After hearing the parties, the writ application is allowed and the Pay Verification Letter issued vide receipt no. 130622030014 by the Education (PVC) Department is hereby quashed on the ground that the same has been issued in complete violation of the principles of natural justice as held by

Patna High Court CWJC No.600 of 2025(2) dt.21-01-2025 3/3 this Court in CWJC No.16104 of 2024 and the Director, Higher Education, Education Department, Government of Bihar, Patna is directed to proceed afresh in accordance with law. 5.

The respondent authority is directed to pay the consequential benefits, if any, to the petitioner. (Anjani Kumar Sharan, J) shikha/- U