Patna High Court
Md. Shahid vs The State Of Bihar on 25 August, 2025
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4652 of 2020
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Md. Shahid Son of Late Jahid Resident of Village- Chalka, Post Office-
Ratanpug, Police Station- Muffassil, District- Bhojpur, Ara.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Department, Government of Bihar, New Secretariat, Patna.
2. The Principal Secretary, Human Resources Department, Government of
Bihar, New Secretariat, Patna.
3. Vir Kunwar Singh University Ara through its Registrar.
4. The Vice Chancellor Vir Kunwar Singh University, Ara.
5. The Registrar Vir Kunwar Singh University, Ara.
6. The Principal S.D. Jain College, Ara.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Mishra, Senior Advocate.
Ms. Adya Pandey, Adv.
For the Respondent/s : Smt. Binita Singh (SC28)
For VKSU : Mr. Arabind Nath Pandey, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL JUDGMENT
10 25-08-2025
Heard Mr. Sanjeev Kumar Mishra, learned Senior
Counsel for the petitioner duly assisted by Ms. Adya Pandey,
Smt. Binita Singh, learned SC-28 for the Respondents-State and
Mr. Arabind Nath Pandey, learned counsel representing the Vir
Kunwar Singh University, Ara.
2. The present petition has been filed for the
following relief(s):-
“(i) For quashing the order contained
in Memo No. 3302 dated 07.12.2019 issued under
the signature of the respondent Vice Chancellor
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by the then Vice Chancellor was modified in
terms of letter no. 702 dated 25.7.2019 issued by
the Pay Verification Cell, education Department,
Government of Bihar.
(ii) For quashing the order contained in
letter no. 702 dated 25.7.2019 issued by the Pay
Verification Cell, Education Department,
Government of Bihar by which the pay scale has
not been provided to the petitioner in light of the
letter contained in Memo no. 1139 dated
18.6.2014 issued under the signature of the Joint
Secretary, Education Department, Government of
Bihar.
(iii) For issuance of an appropriate writ
in the nature of mandamus commanding the
respondent authorities to pay the scale of 5500/-
to 9000/- as per the pay scale provided by the
state government vide its letter contained in
Memo no. 1139 dated 18.6.2016 issued by the
Department of Education, Government of Bihar
with effect from 1.4.1997.
(iv) Any other order or orders as your
lordship may deem fit and proper and in the facts
and circumstances of the case.
3. Learned counsel for the petitioner submits that the
petitioner was initially appointed on the post of Lab Incharge at
H.D. Jain College, Ara and since then he discharged his duties
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to the full satisfaction of his superiors. Further, vide Notification
as contained in Memo No. 1040 dated 21.11.2007, the petitioner
is said to have been promoted on the post of Storekeeper. It has
next been submitted that the promotion so granted to the
petitioner was cancelled by the order of the Vice Chancellor, Vir
Kunwar Singh University, Ara, which is contained in Memo No.
686 dated 20.08.2011.
4. It is the case of the petitioner that the order of
cancellation dated 20.8.2011 was challenged by the petitioner by
filing a writ petition bearing CWJC No. 16260 of 2011, which
was allowed vide order dated 16.12.2011 and the order dated
20.08.2011 was quashed by this Hon’ble Court. It has next been
submitted that the order passed by the Hon’ble Court was given
effect to, and the petitioner was restored to the post of
Storekeeper but was not allowed the pay-scale of 5500/- to
9000/- w.e.f 01.04.1997.
5. It is in this background, non-teaching employees of
the University went on strike and due to strike, the studies of the
University/Colleges got affected and accordingly, the students
sought intervention of the Hon’ble the Chief Justice of Patna
High Court by sending letters to this effect, who treated the said
letter sent by the students as Public Interest Litigation.
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Thereafter, a formal writ petition bearing CWJC NO. 17870 of
2008 was registered and necessary directions were issued for
implementation of the commitment given by the State
Government during the period of strike. It is further submitted
that despite representation having been made by the petitioner
before various forums, no heed was paid by the authorities
concerned and accordingly, the petitioner was compelled to file
another writ petition bearing CWJC No. 1813 of 2017, which
was disposed of vide order dated 07.09.2017 with a direction to
the petitioner to file a representation before the respondent
concerned and the same was directed to be considered and
disposed off by a reasoned order within two months from the
date of filing of the representation.
6. It has next been submitted by the petitioner that
after having obtained the certified copy, the petitioner
immediately submitted the representation before the authorities
concerned in terms of the direction issued by the Hon’ble Court,
the authorities came out with one order whereby the claim of the
petitioner was rejected and on finding the petitioner being
aggrieved, the petitioner again challenged the said order by
instituting the present writ petition.
7. Learned counsel for the petitioner has drawn
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attention of this Court towards certain recommendations with
regard to pay-scales as against the post notified within the
Universities with regard to teaching and non-teaching
employees.
8. On the strength of such recommendation made by
the Pay Revision Committee, the petitioner has tried to impress
by saying that there is no minimum qualification which is
prescribed for Storekeeper to be classified as Assistant, and
therefore, the action of the respondent in not granting the
respective pay-scale attached for the post of Assistant is not in
accordance with law and the authorities may be directed to grant
such benefit, as the petitioner is validly promoted and appointed
on the post of Assistant from the post of Storekeeper and the
rejection of grant of said pay scale by the Pay Verification Cell
of the State Government is beyond jurisdiction and capacity to
the law laid down in State of Bihar & Ors. vs. Sunny Prakash
& Ors. Reported in (2013) 3 SCC 559.
9. On the contrary, learned counsel for the University
has drawn its attention by referring to the affidavits filed in this
regard and has taken this Court to the statements made in the
counter affidavit wherein it has been stated that Pay Verification
Cell, Department of Education, Government of Bihar has
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replied to the letters of VKSU, Ara bearing letter nos.
A/C/338/Estab/19 dated 01.02.2019, AC/259/Estab/19 dated
07.05.2019, AC/177/Estab/2019 dated 04.07.2019 and has not
accepted the scale as fixed by the University vide letter no. 702
dated 25.07.2019 contained in Annexure-10 of the writ petition.
Further, by referring to the following paragraphs, it has been
stated that the Director, Higher Education, Government of Bihar
vide letter no. 15/M1-93/2021-2058 dated 30.09.2021 has also
raised objection on the pay fixation of the petitioner. It has been
observed that the petitioner was not possessing the requisite
qualification at the time of his promotion. The petitioner has
passed the Madhyama examination in 2006 and intermediate in
the year 2014 and there is no information about passing of the
graduation examination. He has also been promoted from Class-
IV grade to Class III grade, whereas there is no provision for
such promotion in Bihar State University Act, 1976.
10. Learned counsel for the university has also drawn
attention of this Court to paragraphs-5 and 8 of the counter
which are as follows:-
“5. That it is stated that in
compliance of the order dated 07.09.2013
passed in C.W.J.C. NO 1813 of 2017 and the
representation dated 26.09.2017 submitted by
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by the then Vice chancellor, V.K.S.U. Ara and
notification was issued on 25.09.2018 vide
memo no 2525/18 contained in Annexure 9 of
the writ petition stating there in that the
payment of arrears of salary of the petitioner
will be made after verification of necessary
papers of the petitioner from the pay
verification Cell, Education Department,
Government of Bihar.
…………..
…………..
8. That it is stated that the
University has passed an order regarding pay
fixation of the petitioner vide Memo No.
693/Estab/19/3302 dated 07.12.2019. The
important aspect of the order is given below:-
” The university has sent the
necessary documents of the petitioner to the pay
verification cell regarding fixation of pay scale
and its verification The pay verification cell sent
verification report by letter no 702 dated
25.07.2019 stating that Sankalp no 1139 dated
18.06.2014 is not applicable in the revised pay
scale and it is applicable to those employee who
are duly appointed as storekeeper with requisite
qualification.The pay verification cell did not
accept the claim of the petitioner Thus the
petitioner is not found entitled to pay scale of Rs
5500-9000and replace pay scale Rs 9300-
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In the fact and circumstances as
stated above the earlier order dated 24.09.2018
passed by the then vice chancellor was modified
in terms of letter no 702 dated 25.07.2019
issued by P.V.C of state Government and order
was passed that the notification dated
25.09.2018issued by memo no 2525 will also be
treated as modified to that extent. The
concerned section is directed to issue modified
notification in this regard contained in Annexure
11 of the writ petition.
11. Learned counsel for the State was called upon to
make his submission pursuant to which, he has made the
following submissions by referring to paragraph-7:-
“7) That it is humbly stated that the
answering respondent is stating the background of
issuance of the memo no. 1139 dated 18.06.2014
(wrongly mentioned as 18.06.216), which is as
follows:-
The following agreement was arrived
between the Employees Federation and the State
Government on 17.07.2007:
“1. 50% Dearness Allowance may be
merged with Basic Pay.
2. Medical Allowance may be increased
from Rs. 50/- (Fifty) to Rs. 100/- ( Hundred).
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3. Facility of ACP may be given to the
employees.
4. Head Assistant and Accountant of the
colleges may be designated as Section Officer at
the departmental level.
5. Pay scale of Rs. 5500-9000 may be
granted to the Assistants of colleges and university.
6. Assistant Librarian and PTI who are
possessing qualification fixed by UGC. may be
granted UGC pay scale.
7. Library Assistant, Sorter, Routine
Clerk, Correspondence clerk may be granted a
pay scale of Rs. 4000-6000 at Departmental level.
(emphasis supplied)
8. Facilities of accumulation of 240 days
Earned Leave and encashment may be granted to
the employees at par with the employees of state
government which will be admissible similarly to
the class III and class IV grade employees.
9. Ward servant may be designated as
Hostel servant.
10. Anomalies regarding the pay scale of
University Engineer Assistant Engineer and Junior
Engineer and Electrician may be removed.
11. Store Keeper may be treated as an
Assistant and pay scale may be given
accordingly.”
(emphasis supplied)
CWJC No. 10870 of 2008 was filed in
the nature of public interest litigation before this
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Hon’ble Court. The said writ application was
allowed by this Hon’ble Court by Judgment and
order dated 07.08.2008 to ensure that commitment
given by the State Government to the Federation
having been reduced in writing on 18.07.2007, is
honoured by the State Government and it is
implemented within one month.
against the aforesaid order dated
07.08.2008 passed in CWJC No. 10870 of 2008,
the State Government preferred S.L.P. (C) No.
22617 of 2008 which was converted into Civil
Appeal No. 516 of 2013. The said Civil Appeal was
dismissed by Hon’ble Supreme Court vide order
dated 18.01.2013 and the State of Bihar was
directed to implement the Judgment and order of
the Hon’ble Patna High Court dated 07.08.2008.
That in view of the order and judgment
dated 18.01.2013 passed in Civil Appeal No. 516
of 2013 and Contempt Petition (Civil) No. 262 of
2013, the State Government vide memo no. 1139,
dated 18.06.2014 has granted the pay scale of Rs.
5500-9000, actual payment to be made with effect
from 01.04.1997 to the employees of the University
and Constituent Colleges who are legally working
on the valid sanctioned post of Store Keeper.
That subsequently, in view of the
aforesaid order passed in Civil Appeal No. 516 of
2013, the State Government vide memo no. 1192,
dated 23.06.2014 has granted the pay scale of Rs.
5500-9000 actual payment to be made with effect
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from 01.04.1997 to the employees of the University
and Constituent Colleges who are legally working
on the valid sanctioned post of Assistant.
Both the letters unequivocally state that
the same are being issued in special circumstances
and the same cannot be used as a precedent in
other matters.
Agreement no. 11 says that the Store
Keeper may be treated as an Assistant and pay
scale may be given accordingly hence only those
store keeper will get the pay scale of Assistant who
will hold the requisite qualification of Assistant.
12. Learned counsel for the State next submitted that
the petitioner has been promoted on the post of Storekeeper on
21.11.2007 and his educational qualification is intermediate. It
has next been submitted that the Memo No. 1192 dated
23.06.2014, has been the subject matter of CWJC No. 9677 of
2014, which is said to have been relied upon by the parties and
by referring to the order dated 29.11.2006, learned counsel for
the State submits that the Hon’ble Court has observed that from
plain reading of the said Notification itself, it indicates that there
shall be two kinds of pay scales, one for matric and other for
holder of graduation degree and since the petitioner is
matriculate, the pay-scale applicable for him is Rs. 4,000-
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6,000/-. Such observation has been made by the Hon’ble Court
with regard to writ petitioner of that case, who had sought
similar relief as has been prayed by the petitioner in the present
case.
13. Learned counsel for the State has further drawn
attention of this Court with regard to certain orders having been
passed by this Hon’ble Court in CWJC No. 7765 of 2019
wherein it has categorically been observed by the Hon’ble Court
in paragraph-7 of the judgment/order, which are being
reproduced hereunder:-
“7. Respondents have filed counter
affidavit. A supplementary counter affidavit filed
on behalf of the Registrar of the University is
also on record in which it is, inter alia, stated
that vide letter dated 23.06.2014 and
18.09.2014 (Annexure-E series to the
supplementary counter affidavit) it is brought on
record that the Department of Education,
Government of Bihar clarified that the pay scale
and grade of Assistant will be given to those
Store Keepers who have requisite qualification
for the said post. The requisite qualification for
the post of Assistant is Graduation but the
petitioner is matriculate and thus he is not at all
entitled to pay scale of Rs. 5500-9000 as per the
guidelines of the State Government.
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14. Learned counsel for the State has further relied
upon the judgment passed by the Co-ordinate Bench of this
Court in CWJC No. 9677 of 2014 (Bishwanath Sah v. The
Tilkamanjhi Bhagalpur University & Ors) wherein the Hon’ble
Court has observed as follows:-
“Heard learned counsel for the
parties.
The State as well as the university has
filed counter affidavit. Their stand is that based
on the notification, dated 23.06.2014 (A) to
counter affidavit of State, issued under the
signature of the Joint Secretary, Department of
Education, Government of Bihar, Patna, the
pay-scale stood revised and benefit extended. A
reading of the said notification itself indicates
that there shall be two kinds of pay-scales, one
for matric and other for holder of graduation
degree. Petitioner is a matriculate and,
therefore, the pay-scale for him is Rs. 4,000-
6000/-.
After much exercise done by the
petitioner, he in his rejoinder application has
annexed Annexure-12 and based on this
notification, dated 29th of August, 1996, he
submits that even a Praveshika is as good as
graduate and, therefore, he must get the benefit
to which he is asking for.
Counsel for the university has very
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question pressed into service has been quoted
out of context and this meant for the employees
working in the Governor Secretariat and
nothing to do with the university.
There is no mystery why the petitioner
is earning or had earned a lower pay-scale viz-
a-viz his other colleagues. The distinction is in
the qualification and not the post.
The petitioner cannot earn and beget
anything different from what has been notified
for people like him with the kind of qualification
he has. Therefore, the plea of discrimination is
misplaced.
Writ application has no merit, it is
dismissed.”
15. On the contrary, learned counsel for the petitioner
has brought on record certain orders which have been passed in
similar background, where the Co-ordinate Bench of this
Hon’ble court have set aside the objections of the Pay
Verification Cell and remanded the matter for fresh
consideration by providing opportunity of hearing by allowing
the petitioner to place all the supportive materials to buttress the
relief so submitted.
16. Learned counsel for the petitioner has rebutted
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the submissions of learned counsel for the State and that of
University by bringing on record certain orders passed by Co-
ordinate Benches of this Hon’ble Court in CWJC No. 7636 of
2014 (Dr. Kedar Nath Pandey & Ors. v. The Magadh
University & Ors) and in CWJC No. 16104 of 2014 (Surya Deo
Paswan v. The State of Bihar & ors). In both the cases, the
legal issues raised and the deliberation, which is said to have
been made are common in nature and taking into account the
breach of principles of natural justice in deciding the claim of
petitioner with regard to grant of pay-scale and further by
recording that it is settled principles of law that if by a decision
some civil consequences follow, in that event, the aggrieved
must be heard. In the present case, there was a specific direction
of this court to pass a reasoned order but from perusal of the
order passed, it does not appear that all such grounds which
have been taken to oppose the prayer of the petitioner, seems to
have been considered and by way of a very cryptic order, the
claim has been rejected. It is well settled in law by various
judgments passed by the Hon’ble Apex Court in Civil Appeal
No. 516 of 2013 (State of Bihar & Ors. vs. Sunny Prakash &
Ors.) that pay verification cell cannot take a decision
unilaterally with regard to scaling down the pay-scale of the
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University.
17. In the present case, the question is, as to whether
the petitioner does possess a requisite qualification for being
promoted in the Assistant Cadre from the post of Storekeeper
and it is the case of the petitioner that at the time when the
petitioner was appointed, the minimum qualification was matric
and even though with the passage of time, if the qualification for
appointment on the post of Storekeeper has been enhanced, still
the appointment of the petitioner on the post of Storekeeper
cannot be questioned and the decision to promote the petitioner
in the Assistant Cadre with Pay Scale of Rs. 5500-9000/- cannot
be denied.
18. On the contrary, learned counsel for the
University submits that he was not appointed on the post of
Storekeeper directly whereas he was initially Lab-bearers and
thereafter, was taken to the post of Storekeeper and therefore,
the claim of the petitioner that he was validly appointed on the
sanctioned post of Storekeeper is wholly misplaced and
therefore the petitioner’s entitlement as claimed for the pay-
scale of Rs. 5500 to 9000/- is wholly misconceive and cannot be
granted.
19. It is the case of the petitioner that he is the only
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Storekeeper in the University and therefore, the question of
classification of two pay-scales depending upon the source of
appointment on the basis of qualification of matriculate and
graduate is not applicable in case of the petitioner. Whatever
ground, which has been taken by the counsel for the State and
University, does not find place or is reflected from the order
impugned and further, even if, the said grounds which are taken
on record, still the counsel for the State has not come out with
any document showing the qualification of the Storekeeper at
any point of time was graduate and even rebuttal to the same has
not been invited on the issue by the petitioner while passing the
impugned order and further the principles of natural justice was
not followed at the time of such scaling down of the scale, to
which the petitioner is entitled.
20. Considering the facts and circumstances
aforesaid, it is quite clear that petitioner has not been given
hearing and various facts have come on record by way of
counter affidavit, which needs to be adjudicated by giving
proper hearing to the parties and since there is violation of
principles of natural justice rejecting the claim of the petitioner
and even though the submissions of the learned counsel for the
University and that of State is accepted, in that event also, the
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fact remains that the petitioner has not been allowed to rebut by
bringing on record the supportive materials to justify his claim,
for which the petitioner is aggrieved and the instant writ petition
has been filed.
21. In such background, it would be appropriate that
learned counsel for the petitioner may be directed to submit a
detailed representation before Respondent No.4/ the Vice
Chancellor, Vir Kunwar Singh University, Ara, who would be
obliged to give a proper hearing by allowing the petitioner to
submit his claim with supportive documents within a period of
two weeks from the date of order, and in the event, the petitioner
submits such representation with supportive materials, the
Respondent No.4 would be obliged under law to pass a reasoned
and speaking order deciding the claim of the petitioner strictly
in accordance with law so that the grievance of the petitioner
that scaling down of his scale may not be called to have been
passed in breach of principles of natural justice and further can
be protected in law. In case of non submission, within the time
specified, the necessary order shall be passed in accordance with
law within a period of six weeks from the date of
communication of the order by the University counsel, and the
reasoned order so passed shall be communicated to the
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petitioner thereafter.
22. In case, the petitioner’s claim is found to be
satisfactory, in that event, the benefit shall be extended to him
within next one month thereafter.
23. The writ petition with the aforesaid direction and
observation stands disposed of.
(Ajit Kumar, J)
perwez
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 25.08.2025
Transmission Date 25.08.2025