Patna High Court cancels the pay verification certificate that lowered the salary and position of a Magadh University employee.
The Patna High Court canceled the Pay Verification Certificate that lowered the salary and title of a non-teaching staff member at Magadh University. The employee, who was initially hired and confirmed as a Dresser, was later promoted to Dispenser. His salary was set with the approval of the University’s Statutory Pay Fixation Committee. However, the Pay Verification Cell from the Department of Education independently reduced his salary and changed his title to Compounder. Justice Satyavrat Verma, in a Single Bench ruling, stated, “The court fully agrees with the arguments made by the petitioner’s counsel, so the contested order and the pay verification certificate issued by the authorized officer of the Pay Verification Cell, Department of Education Government of Bihar, Patna, are hereby canceled. The case is sent back to the State authorities for a fresh review according to the law.”
Advocate Anil Singh represented the Petitioner, while GP Kameshwar Pd. Gupta represented the Respondents. The Petitioner claimed that the Pay Verification Cell violated natural justice by issuing the certificate without notifying him or asking for his input. He argued that the reduction of his pay and title went against a previous High Court ruling, which stated that the Pay Verification Cell could not change University decisions without informing the affected employee. He emphasized that when a decision leads to civil consequences, the aggrieved party must be heard, and in this case, there was a clear court directive that the pay verification cell could not unilaterally reduce an employee’s pay.
The Petitioner argued that, based on the facts presented, it is clear that he was never informed or asked for an explanation before his scale was reduced. Such an order, made without following the principles of natural justice, cannot be upheld. The High Court fully agreed with the Petitioner’s arguments and canceled the Order from the Pay Verification Cell. As a result, the Court sent the case back to the State authorities to start the process again according to the law.
Cause Title: Suray Deo Paswan v. The State of Bihar & Ors.
Appearance:
Petitioner: Advocates Anil Singh and Ritesh Kumar
Respondents: GP Kameshwar Pd. Gupta; AC Satya Vrat; Advocate Pankaj Kumar Singh