Ranjit Kumar vs The State Of Bihar
2021 Latest Caselaw 5834 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7783 of 2020
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Ranjit Kumar s/o Late Ashok Kumar, resident of C/O Thakur Prasad at Mohalla Purani Kankarbagh, Gate No. 16, Near College of Commerce, Patna, P.S.- Patrakar Nager, District- Patna 20, at presently pposted as Clerk in Nalanda Mahila College, Bihar Sahrif, Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar Bihar.

2. The Hon'ble chancellor, Universities of Bihar, Patna.

3. The Principal Secretary, Department of Education, Government of Bihar, Patna.

4. The Director Department of Education, Government of Bihar, Patna.

5. The Dy. Secretary, Department of Education, Government of Bihar, Patna.

6. The Vice Chancellor, Patliputra University, Patna.

7. The Financial adviser Patliputra University, Patna.

8. The Registrar, Patliputra University, Patna.

9. The Finance officer, Patliputra University, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate Mr. Anil Kumar No.1, Advocate For the Respondent/s : Mr. Dr. Anand Kumar, Advocate Ms. Abhanjali, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-12-2021 Heard Mr. D.K. Sinha, learned Senior Advocate

for the petitioner and Mr. Dr. Anand Kumar for the

respondents no. 6 to 9. The State is represented by Ms.

Abhanjali, learned AC to GA-12.

The petitioner has approached this Court for

quashing the communication dated 22.04.2020 as also for Patna High Court CWJC No.7783 of 2020 dt.03-12-2021

not giving effect to Clause-xii of Para-4 of the notification

contained in Memo No. 15/G1-01/2020-2021 dated

23.06.2020.

It appears from the records that a meeting was

held in Raj Bhawan, Patna and it was decided that all

Class-III and Class-IV employees of the University would

be under an obligation to deposit their applications for pay

verification through the concerned University till a

particular date. Not doing so would visit them with the

consequence of reduction of their salary by 25%.

It has been submitted on behalf of the petitioner

that the necessary application on his behalf and on behalf

of other Class-III employees was given but no

communication has been made with respect to the

verification of salary. The petitioner apprehends that if

there is any delay on the part of the respondent-authorities

in verification and pay fixation, even then for no fault of

the petitioner, he would be paid 25% less than his basic

salary.

Patna High Court CWJC No.7783 of 2020 dt.03-12-2021

The learned counsel for the respondent/University

has submitted that all the Class-III and Class-IV

employees have already submitted their pay verification

application by the date fixed but the pay verification cell

(PVC) of the Government of Bihar has yet not issued any

pay verification certificate.

It appears that the State Government and the

University are trying to pass on the buck to each other.

This ought not to be done.

The Pay Verification Cell is under an obligation to

issue the pay certificate within 15 days of the deposit of

the application which becomes apparent from the circular

of the Government dated 28.01.2013.

Under the aforesaid circumstances, the

respondent no. 4 (The Director, Department of Education,

Government of Bihar, Patna) is directed to look into the

matter and give the verification report at the earliest so

that none of the Class-III or Class-IV employees suffer

from deduction of 25% of their basic salary.

Patna High Court CWJC No.7783 of 2020 dt.03-12-2021

The learned counsel for the University has

informed this Court that on an undertaking given by the

petitioner that he shall furnish proper verification, no

deduction is being made in disbursement of the salary.

With the aforesaid direction to respondent no. 4,

the writ petition stands disposed off.

(Ashutosh Kumar, J)

krishna/-

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Uploading Date          04.12.2021
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