Praveen Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5564 of 2025

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Praveen S/o Late Kameshwar Singh, Resident of Village- Tarari, Bhakharua, P.S. - Daudnagar, District- Aurangabad.

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... ... Petitioner/s

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Versus

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1. The State of Bihar through the Additional Chief Secretary, Department of Education, New Secretariat, Government of Bihar, Patna.

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

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

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The Authorised Officer, Pay Verification Cell, Department of Education, Government of Bihar, Patna having its office at B.S.T.B.P. Corporation, Buddha Marg, Patna.

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The Magadh University, Bodh Gaya through its Registrar.

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The Vice Chancellor, Magadh University, Bodh Gaya.

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The Registrar, Magadh University, Bodh Gaya.

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The Finance Officer, Magadh University, Bodh Gaya.

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The Principal, Daudnagar College, Daudnagar, Aurangabad.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Ritesh Kumar, Advocate For the Respondent/s : Mr. AC to SC-19 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 24-04-2025

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Heard learned counsel for the petitioner, learned AC to SC-19 for the State and learned counsel appearing on behalf of the Magadh University.

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Learned counsel for the petitioner submits that the instant writ application has been filed for quashing the Pay Verification Certificate issued vide Receipt No. 2607220100535 under the signature of the Authorized Officer, Pay Verification Cell, Department of Education, Government of Bihar, Patna

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Patna High Court CWJC No.5564 of 2025(2) dt.24-04-2025 2/4

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(Annexure-P/9) whereby the petitioner has been designated as Lower Division Clerk instead of Routine Clerk and has been given the Pay Scale of Level-4 (Rs.25500-81600/-) instead of Level-6 (Rs.35400-112400/-) and the Basic Pay of the petitioner as on 03.07.2011 i.e. the date of joining has been fixed at Rs.3050/- instead of Rs.4000/- and his Basic Pay thus has been reduced to Rs.30200/- as on 01.01.2016 instead of Rs.38100/which was fixed by the University on 01.01.2016 and the same has further been reduced to Rs.37500/- on 03.07.2021 instead of Rs.47600/- which was fixed by the University on 03.07.2021 without any authority and in violation of the principles of natural justice.

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Learned counsel appearing on behalf of 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 of the petitioner is squarely covered by an order dated 13.11.2024 passed in C.W.J.C. No. 16104 of 2024 (Suray Deo Paswan Vs. The State of Bihar & Ors.).

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Learned counsel appearing on behalf of the

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Patna High Court CWJC No.5564 of 2025(2) dt.24-04-2025 3/4

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petitioner further submits that if the Pay Verification Cell was of the opinion that the salary of the petitioner needed to be scaled down in that event the Pay Verification Cell had to issue a notice to the University and the University in tern would have sought an explanatin from the petitioner but then the same was not done and the entire exercise was carried behind the back of the petitioner. It is further submitted that any order passed which has civil consequences can not be countenanced when the same is issued in breach of the principles of natural justice. It is next submitted that this Court in C.W.J.C. No. 16104 of 2024 (Suray Deo Paswan Vs. The State of Bihar & Ors.) vide order dated 13.11.2024 had quashed the Pay Verification Certificate and had remanded the matter back to the authority for considering it afresh in accordance with law.

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After hearing the learned counsel for the parties, the writ application is allowed and the Pay Verification Certificate issued vide Receipt No. 2607220100535 by the Education (PVC) Department, Government of Bihar, Patna is hereby quashed on the ground that the same has been issued in complete violation of the principles of natural justice as held by this Court in C.W.J.C. No. 16104 of 2024 and the Director, Higher Education, Education Department, Government of Bihar,

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Patna High Court CWJC No.5564 of 2025(2) dt.24-04-2025 4/4

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Patna is directed to proceed afresh in accordance with law.

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It goes without saying that quashing of the Pay Verification Certificate automatically means that the petitioner would be entitled for the scale which he was receiving prior to issuance of the aforesaid Pay Verification Certificate.

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(Satyavrat Verma, J)

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Kundan/-

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U

Praveen v. The State of Bihar

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Praveen v. The State of Bihar

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