IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1400 of 2025 ====================================================== 1. Shyam Jee Jha Son of Late Kali Kant Jha, Resident of Village and P.O.- Saurath, Ward No.13, P.S.- Rahika, District- Madhubani, Pin Code- 847213. 2. Yogendra Choudhari, son of Late Chaturbhuj Choudhary, resident of Village and P.O.- Kanhauli, Pachhawari Tol, P.S.- Manigachhi, Via- Sakri, District- Darbhanga, Pin Code- 847239. 3. Phool Deo Jha, Son of Late Bedanand Jha, Resident of Village- Makunma, Chandra Dih, P.O.- Chatra, P.S.- Khajauli, District- Madhubani, Pin Code- 847228. 4. Hari Mohan Jha Son of Late Diwakar Jha, Resident of Village and P.O.- Mangrauni, Near-Budhi Maa Mandir, P.S.- Raj Nagar, District- Madhubani, Pin Code- 847211. 5. Vijay Kumar Sinha Son of Late Mangal Prasad Sinha, Resident of Village and P.O.- Subhankarpur, P.S.- Town, District- Darbhanga, Pin Code- 846006. 6. Brahma Deo Jha Son of Late Hari Kishor Jha, Resident of Village- Ranipur, P.O.- Basudeopur, Near- Primary Health Center, Ward No.07, P.S. Sadar, District- Darbhanga, Pin Code- 846005. 7. Satya Narayan Jha Son of Late Ram Jha, Resident of Village- Pachadhi, P.O.- Gurmaha, Belahi, Ward No.03, P.S.- Pandaul, District- Madhubani, Pin Code- 847231. 8. Nityanand Jha, Son of Late Tirthnath Jha, Resident of Village- Bela Dullah, Near- Middle School, Gali No.-01, Brhamsthan, Ward No.03, P.O.- Lal Bagh, P.S.- L.N.M.U Campus, District- Darbhanga, Pin Code- 846004. 9. Babu Narayan Jha Son of Late Kulanand Jha, Resident of Village and P.O.- Pachahi, Via-Madhepur, P.S.- Madhepur, District- Madhubani, at present residing at Raj Kumar Ganj, Near- Ram Janki Hospital, P.O.- Lal Bagh, P.S.- Town, District- Darbhanga, Pin Code- 846004. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna. 2. The Additional Chief Secretary, Education Department, Vikash Bhawan New Secretariat, Bihar, Patna. 3. The Secretary, Higher Education, Education Department, Vikash Bhawan New Secretariat, Government of Bihar, Patna. 4. The Director, Higher Education, Education Department, Vikash Bhawan New Secretariat, Government of Bihar, Patna. 5. The In-charge, Pay Verification Cell, Education Department, Government of Bihar, Patna. 6. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga through its Registrar. Patna High Court CWJC No.1400 of 2025(2) dt.28-01-2025 2/5 7. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga. 8. The Registrar, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga. 9. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Kaushalesh Choudhary For the Respondent/s : Mr. Manish Kumar, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 28-01-2025 1. Heard learned counsel for the petitioners and the learned AC to GP-12. 2. No one appears on behalf of Respondent Nos. 6 to 9. 3. The learned counsel appearing on behalf of the petitioners submits that the instant writ application has been filed seeking quashing of the Letter No. 2792 dated 22-7-2023 issued by the Respondent No. 4, whereby a direction has been given to the Respondent No. 5 to issue amended verified pay slip by Pay Verification Cell, unilaterally on the basis of details provided on portal, after seeking approval of the Additional Chief Secretary (Respondent No. 2) and also for quashing the consequential Pay Slip Receipt Nos. 0308220900194, 1108220900260, 0308220900186, 1108220900856, 0308220900122, 0808220900226, 0908220900086, Patna High Court CWJC No.1400 of 2025(2) dt.28-01-2025 3/5 0811220900014 and 1711220900354 issued to the petitioner Nos. 1 to 9 respectively, as contained in Annexures 4 series, 9, 13, 17 series, 20, 23 series, 28 series, 30 series and 35 series, as the decision of the Respondent No. 4 is contrary to different provisions of Bihar State University Act, 1976 and orders passed by this Court and the Hon'ble Apex Court and is also contrary to different letters issued by the Education Department, Government of Bihar, resultantly the petitioners will suffer a huge financial loss, as the action of the concerned respondents is in breach of the judgement and order of Hon'ble Supreme court in Civil Appeal No. 516 of 2013 (State of Bihar vs. Sunny Prakash), moreso when the aforesaid Letter No. 2792 dated 22- 7-2023 has already been repealed by the Education Department itself vide order contained in Memo No. 15/C2-615/2023-4498 dated 25-10-2024, but on the basis of aforesaid letter dated 22- 7-2023, the Pay Verification Cell has issued pay verification slip and the University has arbitrarily started deducating on the basis of impugned Letter No. 2792 dated 22-7-2023, ignoring the order of the Education Department contained in Memo dated 25-10-2024 (Annexure-P/52), and further for a direction upon the concerned authorities not to make any recovery from the petitioners' salary on the basis of Letter No. 2792 dated 22-7- Patna High Court CWJC No.1400 of 2025(2) dt.28-01-2025 4/5 2023 and also for a direction upon the authorities to grant all consequential benefits thereof and to continue the payment of pay and allowances to all the petitioners, which was being given to them prior to the order impugned. 4. The learned counsel appearing on behalf of the petitioners submits that the impugned pay slips issued to the petitioners by the Pay Verification Cell have been issued unilaterally without issuing any show-cause or giving any opportunity of hearing to the petitioners. It is further submitted that the petitioners were shocked when they received the impugned pay slips as their salary was arbitrarily reduced without asking any explanation from them in complete breach of the orders of this Court passed in CWJC No. 16104 of 2024 (Suray Deo Paswan vs the State of Bihar & Ors.). 5. The learned counsel for the petitioners next submits that the case of the petitioners is squarely covered by an order 13-11-2024 in CWJC No. 16104 of 2024 (Suray Deo Paswan vs the State of Bihar & Ors.). 6. The learned State counsel submits that though in the writ application, it has been pleaded that the impugned pay slips were issued unilaterally, i.e., without giving any opportunity of hearing to the petitioners, but then no specific Patna High Court CWJC No.1400 of 2025(2) dt.28-01-2025 5/5 pleading has been made in the writ application that the impugned pay slips were issued to the petitioners behind their back without seeking any explanation. 7. The learned counsel appearing on behalf of the petitioners asserts and submits that the impugned pay slips have been issued to the petitioners in complete breach of the principle of natural justice. 8. After hearing the learned counsel for the parties, the writ application is disposed of in terms of the order dated 13-11-2024 in CWJC No. 16104 of 2024 (Suray Deo Paswan vs the State of Bihar & Ors.), the impugned pay slips of the petitioners whereby their salary has been reduced, are hereby quashed and the matter is remanded back to the authorities for taking decision afresh. 9. It is made clear that if the authorities come to a conclusion that the impugned pay slips were issued to the petitioners after seeking an explanation or giving them an opportunity of hearing, in that event, the present order shall lose its effect. SUMIT/- (Satyavrat Verma, J) U