Patna High Court
Jagmohan Giri vs The State Of Bihar on 8 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.337 of 2023
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Jagmohan Giri Son of Late Ganga Giri, Resident of Village- Milki, Police
Station - Imadpur, District- Bhojpur. At present residing at 6LF-08/477,
Bahadurpur Housing Colony, Sampatchak, Police Station - Agam Kuan,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Higher Education
Department, Government of Bihar, Old Secretariat, Patna.
2. The Principal Secretary, Higher Education Department, Government of
Bihar, Old Secretariat, Patna.
3. The Secretary, Higher Education Department, Government of Bihar, Old
Secretariat, Patna.
4. The Director, Higher Education Department, Government of Bihar, New
Secretariat, Patna.
5. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya.
6. The Registrar, Magadh University, Bodh Gaya, Gaya.
7. The Finance Officer, Magadh University, Bodh Gaya, Gaya.
8. The Principal College of Commerce, Art and Science, Patna-800020.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate
For the State : Mr. Kameshwar Kumar ( GP-17 )
For the M.U. : Mr. Om Prakash Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 08-05-2025
Heard learned counsel for the parties.
2. The petitioner, who retired from the post of
Laboratory In-charge from the college of Commerce, Patna, has
filed this writ petition challenging the Pay Verification
Certificate No. 21072201002918 issued by the Government of
Bihar, Higher Education Department, Pay Verification Cell,
Patna High Court CWJC No.337 of 2023 dt.08-05-2025
Patna (PVC) (Annexure-13 to the writ petition), whereby, the
petitioner's pay scale has been reduced to that of Laboratory
Bearer which is a post lower in rank than the post of Laboratory
In-charge, from which post the petitioner has retired.
3. The challenge to the aforesaid Pay Verification
Certificate (PVC) issued by the respondent authorities has been
made on the ground that the same has been issued by the
authorities behind the back of the petitioner without issuing any
show cause notice or providing an opportunity of hearing to the
petitioner.
4. Though respondents have filed a counter affidavit,
but the advocates appearing for the respondents - State as well
as the University have not been able to point out from the
counter affidavit that the impugned Pay Verification Certificate
was issued by the respondent authorities after issuing show
cause notice to the petitioner and giving the petitioner an
opportunity of hearing.
5. Under the circumstances, since it has not been
disputed by the respondent authorities that the impugned Pay
Verification Certificate reducing the scale of pay of the
petitioner from Laboratory In-charge to Laboratory Bearer was
issued without giving an opportunity of hearing to the petitioner,
Patna High Court CWJC No.337 of 2023 dt.08-05-2025
this writ petition is hereby allowed by setting aside the Pay
Verification Certificate No. 21072201002918 issued by the
Government of Bihar, Higher Education Department, Pay
Verification Cell, Patna (Annexure-13 to the writ petition).
6. The respondent authorities shall, however, be at
liberty to proceed against the petitioner, if so advised, in
accordance with law insofar as the pay scale of the petitioner is
concerned after providing an opportunity of hearing to the
petitioner.
7. The writ petition stands allowed.
(Nani Tagia, J)
Nilmani/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 09/05/2025
Transmission Date N/A
