Retired Budget and Accounts Officer challenged the government's revision of his salary from the Deputy Registrar scale to a lower Assistant Registrar scale. The High Court held the revision was a discretionary administrative act and dismissed the writ petition.
The writ petition was dismissed on contesting the petitioner's claim for salary revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5327 of 2020
======================================================
Dr. Ganeshwar Pradhan, Son of Late Bisho Pradhan, Near State Welfare Hostel, Ward No. 49, Flat No. -504, Hightek Deep Complex, Ashok Raj Path, Mahendru, District-Patna, Pin Code-800006.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance : For the Petitioner/s : Mr. Abhinav Srivastava, Advocate For the Respondent/s : Smt.Shilpa Singh (GA12) Mr. Ram Vinay Pd. Singh, AC to GA 12 For the University : Mr. Manish Dhari Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL JUDGMENT
Date : 12-12-2024
the following reliefs:-
“(i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Education Department, Bihar, Patna as well as Patna University, Patna (hereinafter referred to as "the University") to take steps towards removing the anomalies in the matter of revision of salary of the petitioner w.e.f. 01/01/2006 and extend him the benefits of revision of his salary in pay band Rs. 37,400-
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 2/17
67,000/- with grade pay of Rs. 8,700/- w.e.f. 01/01/2006 and accordingly, extend all the consequential benefits;
(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to take steps towards making payment of arrears of salary in favour of the petitioner after revising his salary and fixing the same in the pay band of Rs. 37,400-67,000/with grade pay of Rs. 8,700/-w.e.f. 01/01/2006;
(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to make payment of interest over and above the amount of arrears of salary as may be found admissible in favour of the petitioner upon revision of the same in the aforesaid pay band of Rs. 37,400- 67,000/- with grade pay of Rs. 8,700/- w.e.f. 01/01/2006;
(iv) Issuance of a declaration holding that the petitioner is entitled for revision of his salary in grade pay of Rs. 37,400-67,000/- with grade pay of Rs. 8,700/-, which was admissible to the Deputy Registrar working in the services of the University, as the pay scale admissible in favour of the Deputy Registrar has all along remained admissible to persons working in the capacity of Budget & Accounts Officer under the University;
(v) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case.”
relates to fixation of salary of the petitioner who is a retired
Budget and Accounts Officer of Patna University. He retired from service on attaining the age of superannuation on 31st of
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 3/17
January, 2015.
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 4/17
person working in the capacity of Deputy Registrar. By a notification no. 841, dated 13th of April, 1991 (Annexure 4) and subsequent notification no. 1525, dated 5th of August, 2024, payscale of both the Deputy Registrar and the Budget and Accounts Officer were revised in the same scale of pay of Rs. 200030800/- and thereafter Rs. 6500-2000-10500/-.
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 5/17
required to be sought for from the State Government in this regard. By virtue of the said notification, the salary of the petitioner working in the capacity of Budget and Accounts Officer was extended in the pay-scale of Rs. 12000-18000/w.e.f. 1st of January, 1996 as per the chart released by the university on 22nd of May, 2006. In the meantime on 4th of February, 2006, a letter was issued by the concerned authorities under the then Bihar Inter University Board, Patna containing the drafts statues relating to minimum qualification and payscale for different posts of officers under the universities within the State of Bihar, by which the post of Budget and Accounts Officer was shown to be equivalent to that of the Assistant Registrar working in the services of the university within the State of Bihar and accordingly the pay-scale of Rs. 800013500/- was so to be admissible to the post of the Budget and Accounts Officer. It is the grievance of the petitioner that the said reduction of pay-scale in contravention of earlier decisions of the State Government as well as the university was arbitrary, illegal and violative of the provisions of Articles 14, 16 and 21 of the Constitution of India.
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 6/17
was appointed on lien in the capacity of the Finance Officer under the Nilamber and Pitamber University, Palamu, in the State of Jharkhand and accordingly by office order dated 16th of July, 2009, he was relieved from the Budget and Accounts Officer under the university in order to enable him to join the aforesaid Nilamber and Pitamber University, Palamu. The petitioner submitted a representation on 1st of June, 2006 to the concerned authorities in the university and the then Human Resources Development Department, Government of Bihar, Patna to take necessary step towards making correction in the proposal for equivalence of posts as well as admissibility of salary at par with the Deputy Registrar but not action was taken by the respondents.
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 7/17
extended but benefits of revision of salary in pay-band of Rs. 37400-67000/- with grade-pay of Rs. 8700/-.
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 8/17
for determination of revision of pay-scale of the petitioner but he Education Department in the State Government did not take any action. They also did not appear before the said Mr. V.S. Dubey Committee.
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 9/17
retirement, the petitioner was not granted his due benefits as alleged.
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respondents that the claim of the petitioner to grant the benefit of revision of his salary in the pay-band of Rs. 37400-67000 with grade-pay of Rs. 8700/- w.e.f 1st of January, 2006 along with the consequential benefits at par with Deputy Registrar is not admissible because of the fact that the State Government vide SANKALP dated 6th of March, 2019 has sanctioned payband of Rs. 9300-34800/- with grade-pay of Rs. 5400/- in level 9 and the petitioner is not entitled to get the said pay-scale.
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that the post of Registrar, Deputy Registrar, Assistant Registrar etc., are posts in administrative side of the university whereas post of Financial Advisor, Finance Officer and Budge and Accounts Officer are posts in financial and audit section. The said posts are not equivalent to the post of Deputy Registrar. Initially the pay-scale of Budget and Accounts Officer was equivalent to the pay-scale of the Deputy Registrar but subsequently, the pay-scale was fixed differently due to the fact that the Budget and Accounts Officer is not entitled to get the similar pay-scale with that of an administrative officer of the university. So the Ministry of Human Resources Development Department, Government of India revised the pay-scale of officer of the university w.e.f. 1st of January, 2006, in the payscale as per the following chart:-
| Sl. | No. | Post | PayScale |
|---|---|---|---|
| 1 | Registrar/ Finance Officer/Controller of Examination |
Rs. 37400-67000 Grade Pay- 10000 |
|
| 2 | Registrar/ Deputy Finance Officer/ Deputy Controller of Examination |
Rs. 15600-39100 Grade Pay- 7600 |
|
| 3 | Assistant Registrar/ Assistant Finance Officer/ Assistant Controller of Examination |
Rs. 15600- 39100 Grade Pay - 5400 |
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that as per Section 7, 12(A) and 16 of the Bihar State Universities Act, in Finance and Accounts section of the university, the hierarchy post of officers are as follows:-
(i) Financial Advisor
(ii) Finance Officers
(iii) Such other persons as may be declared officer by
the statutes.
| UGC | As per Bihar State Universities Act |
|---|---|
| Finance Officer | Financial Advisor |
| Finance Officer | Finance Officer |
| Assistant Finance Officer | Budget and Account Officer (designated as Assistant Finance Officer) |
Patna High Court CWJC No.5327 of 2020 dt.12-12-2024 13/17
respondents that pay-scale of the Budget and Account Officer was revised in pay-band of Rs. 9300-34800/- with grade-pay of Rs. 4200 and if he is having qualification equivalent to Assistant Registrar as per the U.G.C., his pay-scale will be in pay-band of Rs. 15600-39100/- with grade-pay of Rs. 5400/-. As the post of the petitioner was not equivalent of Deputy Registrar, his payscale was rightly revised and he is not entitled to get enhanced pay-scale equivalent to the Deputy Registrar. So, the StateRespondents have prayed for dismissal of the writ petition.
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consequential benefits.
अनुसूची- I
बबिहहार रहाज्य कक बविश्वबविदहालययों एविव अवगगीभभूत तथहा घहाटहाननुदहाबनत अल्पसवख्यक महहाबविदहालययों कक बशिक्षककत्तर पदहाबधिकहाबरययों एविव बशिक्षककत्तर कबमर्मिययों कक बलए (स्विगीककत पदयों कक बविरूद) अननुशिवबसत बदननांक 1.1.2006 सक प न ुरगीबक्षत विकतन सवरचनहा कहा विकतन बिबण्ड एविव गकड पक तहाबलकहा
कव० पद कहा नहाम सव० 1.1.96 सक अप न ुरगीबक्षत बदननांक 1.1.06 सक प न ुरगीबक्षत अभ्यनुबकत विकतनमहान विकतन सवरचनहा विकतन पक बिबण्ड गकड पक बिबण्ड कहा नहाम 2. उप कनुल सबचवि एविव समतनुल्य पद 6500-10500 9300-34800 पगी0 बिगी0 - 4200 - 2 यभू० जगी० सगी० दहारहा बनधिर्धाबरत अहर्मितहा एविव शितरव कको पभूरहा करनक पर बविश्वबविदहालय सकल क शिन कबमटगी कगी अननुशिवसहा पर विकतन बिबण्ड 15600-39100 गकड पक 7600 अननुमहान्य। उप कनुलसबचवि कको पपाँच विररव तक कगी सवतकोरप्रद सकविहाविबधि पभूरहा करनक पर 37400 -67000 गकड पक8700 ममें उत्कबमत हको सकमेंगक। पर यह पक बिबैंड एविव गकड पक उप कनुलसबचवियों एविव समतनुल्य पदयों कगी कनुल सवख्यहा कक दस प्रबतशित तक सगीबमत रहकगहा।
(ख) बव ि श ्व बव ि दहलय बव ा ि त ्त एव ि व अवकककण बव ्ष ि भहग ा
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सहहायक कनुल सबचवि कक समतनुल्य पद। सहहायक कनुलसबचवि कक बलए बनधिर्धाबरत अहर्मितहा एविव शितरव कक अननुरूप यभू० जगी० सगी० विकतनमहान अननुमहान्य ।
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Such administrative decision without specific allegation of arbitrariness, unequal treatment in respect of pay in spite of equal work and patent illegality, cannot be challenged. The work carried out by the Deputy Registrar and the Budget and Account Officer are completely different. While the Deputy Registrar discharges administrative duties of the university, the Finance Officer shall act as Secretary to the Finance Committee and shall exercise such power and performs such duties as may be prescribed by the statutes, the ordinance and regulations and rules or as may, from time to time be confirmed or imposed on him by the Senate, Syndicate, Vice-Chancellor, the Financial Advisor or the Registrar. Therefore, the scope of work of the Deputy Registrar and Budget and Account Officer are different.
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(Bibek Chaudhuri, J)
Skm/-uttam/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 17.12.2025 |
| Transmission Date | N/A |
3 issues framed by the court
Whether a retired Budget and Accounts Officer is entitled to the pay-scale of Deputy Registrar after a government notification revised his post's salary to a lower equivalent.
Whether the State Government's administrative decision to revise the petitioner's salary to a different scale than his previous post is amenable to writ jurisdiction.
Whether the difference in scope of work between Deputy Registrar and Budget and Accounts Officer justifies disparate salary revision.
3 provisions across 3 enactments
Dr. Ganeshwar Pradhan
The State of Bihar
Director, Higher Education
Patna University
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
