Allowed¶4

Shiv Shankar Choudhary v. The State of Bihar

Patna HC16 Jan 2025CWJC/1355/2022

Case brief

AI extract

What is this about?

Pay-scale reduction without show cause or hearing; violation of principles of natural justice; quashing of Letter No.3067 dated 07.10.2021 (Pay Verification Cell, Department of Education, Government of Bihar, Patna); Pay Fixation Letter No.27092108001452 dated 06.10.21; terminal dues and consequential benefits on previous payscale; Lalit Narayan Mithila University; C.M. Science College, Darbhanga; CWJC No.1355 of 2022.

What did the court decide?

Quashing of the order in Letter No.3067 dated 07.10.2021, with directions to the respondents to give all consequential benefits to the petitioner on the previous payscale (including payment of entire terminal dues and balance salary on the scale fixed by Pay Verification Cell on 06.10.21). ¶4

Shiv Shankar Choudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1355 of 2022

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Shiv Shankar Choudhary Son of Ram Prasad Choudhary Resident of Village - Paghari, P.O. - Paghari, P.S. - Baheri, District- Darbhanga, Bihar - 847105.

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... ... Petitioner.

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Versus

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The State of Bihar Through, the Principal Secretary, Higher Education, Department, Govt. of Bihar.

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The Special Secretary, Higher Education Department, Govt. of Bihar.

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The Vice - Chancellor, Lalit Narayan Mithila University, Darbhanga.

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The Registrar, Lalit Narayan Mithila University, Darbhanga.

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The Finance Officer, Lalit Narayan Mithila University, Darbhanga.

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The Principal, C.M. Science College, Darbhanga.

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... ... Respondents.

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============== Appearance : For the Petitioner	======================================== : Mr. Ajit Kumar, Advocate Mr. Abhay Kumar, Advocate Mr. Abhishek Mani, Advocate
For the University	: Mrs. Binita Singh, Advocatte
For the State ==============	: Mr. Subhash Chandra Mishra, SC-16 ========================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 16-01-2025 Heard learned counsel for the parties.

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The present writ application has been filed for the

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following reliefs:-

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(i) For issuance of an appropriate Writ, Order or Direction for quashing the order contained in Letter No.3067 dated 07.10.2021 issued under the signature of Incharge Officer, Pay Verification Cell Department of Education, Government of Bihar, Patna in the following facts and circumstances of the case.

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(ii) For issuance of an appropriate Writ, Order or Direction to the respondent-

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Patna High Court CWJC No.1355 of 2022(4) dt.16-01-2025

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2/2

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authorities to make payment of entire terminal dues on the right scale of pay fixed by Pay Verification Cell on 06.10.21 vide Pay Fixation Letter No.27092108001452 after allowing Relief No.1.

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(iii) For issuance of an appropriate Writ, Order or Direction to the respondents to make payment of balance amount of terminal dues as well as salary if any after allowing above mentioned reliefs. (iv) For any other relief or reliefs the petitioner may be entitled in the facts and circumstances of the case.

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Having heard learned counsel for the parties and

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perusing the materials available on record, it appears that the pay-scale of the petitioner was reduced without giving him any show cause and/or without giving proper opportunity of hearing in utter violation of principles of natural justice.

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In view of the aforesaid, the order contained in Letter No.3067 dated 07.10.2021 is hereby quashed and this writ application is allowed. The respondents are directed to give all consequential benefits to the petitioner on the previous payscale.

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(Anjani Kumar Sharan, J)

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Trivedi/- U

Shiv Shankar Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Shankar Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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