Case Background
The petitioner works as a Class-III employee, posted as a clerk in Nalanda Mahila College under Patliputra University, Bihar Sharif, Nalanda.
According to the record, a meeting was held in Raj Bhawan, Patna. In that meeting, it was decided that all Class-III and Class-IV university employees must submit applications for pay verification through their university before a fixed date.
The decision came with a serious consequence. If an employee did not submit the application in time, his or her basic salary would be reduced by 25%. This condition was later reflected in Clause-xii of Para-4 of a notification contained in Memo No. 15/G1-01/2020-2021 dated 23.06.2020.
The petitioner approached the Patna High Court under its civil writ jurisdiction. He sought quashing of a communication dated 22.04.2020 and also asked that Clause-xii of Para-4 of the above notification should not be given effect.
What the Court Examined and Decided
The Patna High Court, through Hon’ble Mr. Justice Ashutosh Kumar, heard the writ petition on 03.12.2021. The petitioner was represented by a senior advocate and another advocate. The State and the university authorities were also represented by counsel.
The core grievance placed before the Court was not about the idea of pay verification itself. Rather, it was about the risk of 25% salary deduction even when the employee had done everything required, but the authorities had not completed verification on time.
The petitioner’s side submitted that he, along with other Class-III employees, had already given the necessary applications for pay verification. These applications were submitted through the proper channel, as required by the decision taken in Raj Bhawan and the subsequent notification.
However, after submitting the applications, there was no communication from the authorities responsible for verification. No pay verification certificate was issued in his case.
The petitioner expressed an apprehension. He feared that if there was any delay on the part of the respondents in completing pay verification and pay fixation, then, despite having done his part, he would still suffer a reduction of 25% in his basic salary. The key point was that the possible deduction would be “for no fault of the petitioner.”
On the other hand, counsel for the respondent university informed the Court that all Class-III and Class-IV employees had indeed submitted their pay verification applications by the date fixed. He accepted that the pay verification process had been initiated by the employees.
Yet, the pay verification cell (PVC) of the Government of Bihar had not issued any pay verification certificates so far. This clearly showed that the delay was at the level of the Pay Verification Cell and not at the level of the employees or the university.
The Court noted that, in substance, the State Government and the university were trying to shift responsibility onto each other. Each side appeared to blame the other for the delay in issuing pay verification certificates. The Court firmly observed that “this ought not to be done.”
The Court then examined the legal position regarding the duty of the Pay Verification Cell. It referred to a Government circular dated 28.01.2013. From this circular, the Court found that the Pay Verification Cell is under an obligation to issue the pay certificate within 15 days of deposit of the application.
This time limit is important. It shows that once an employee submits an application for pay verification, the authorities cannot take an indefinite time to process it. The law requires them to act quickly and complete the task within 15 days.
In the situation before the Court, the employees had submitted their applications in time, but the Pay Verification Cell had not issued certificates, even though the period of 15 days had passed. The employees were thus placed in a vulnerable position. Their salaries could be cut by 25%, despite their compliance.
The Court’s concern was to ensure that innocent employees did not suffer financial loss because of inaction by authorities. It recognised that Class-III and Class-IV employees are usually lower paid and cannot easily bear such a deduction.
To protect these employees, the Court issued a clear direction. Respondent no. 4, the Director, Department of Education, Government of Bihar, Patna, was directed to look into the matter and give the verification report at the earliest.
The purpose of this direction was specific: to ensure that none of the Class-III or Class-IV employees suffer deduction of 25% of their basic salary for reasons beyond their control. The Director was asked to take steps so that pay verification is completed without further delay and salary deduction is avoided.
During the hearing, counsel for the university also gave an important clarification. He informed the Court that, based on an undertaking given by the petitioner that he would furnish proper verification, no deduction was currently being made from his salary.
This meant that, at the time of the judgment, the petitioner’s salary was not actually being cut by 25%, thanks to his undertaking and the stand of the university. However, the risk of deduction remained for him and similarly placed employees if verification remained pending.
By issuing directions to the Director, Department of Education, the Court ensured that the system must function properly and within the prescribed time, instead of leaning on salary cuts as an easy solution.
After giving this direction, the Court disposed of the writ petition. It did not go into detailed discussion on the validity of Clause-xii itself but focused on timely verification and non-deduction of salaries where employees had complied with their duties.
Why This Judgment Matters
This judgment is significant for Class-III and Class-IV employees of universities in Bihar, especially those whose salaries depend on pay verification by government authorities.
The Patna High Court made it clear that employees should not be punished with salary deductions when they have already filed proper applications. If the authorities delay verification, the responsibility and consequences should not be pushed onto staff.
The judgment also reinforces that the Pay Verification Cell must follow the 15-day time limit laid down in the Government circular of 28.01.2013. Administrative delay cannot be an excuse to withhold or reduce salaries.
For employees in similar situations, this decision shows that they can challenge arbitrary financial penalties tied to processes controlled entirely by the administration. For departments and universities, it is a reminder to coordinate and complete verification work promptly.
Legal Issues and Answers
Issue: Can university Class-III and Class-IV employees suffer a 25% salary deduction when they have timely submitted pay verification applications but the Pay Verification Cell has delayed issuing certificates?
Answer: The Court directed that the Director, Department of Education, must ensure prompt verification so that no such employee suffers a 25% deduction in basic salary due to administrative delay.
Issue: What is the obligation of the Pay Verification Cell once an application for pay verification is submitted?
Answer: Relying on the Government circular dated 28.01.2013, the Court noted that the Pay Verification Cell must issue the pay certificate within 15 days of receiving the application.
Cases Cited by the Court
- No prior judgments or case law have been cited or relied upon in the text of this decision.
Case Details
Case Number: Civil Writ Jurisdiction Case No. 7783 of 2020
Case Title: Ranjit Kumar v. The State of Bihar & Ors.
Citation: 2022 (1) PLJR 138
Court: High Court of Judicature at Patna
Coram: Hon’ble Mr. Justice Ashutosh Kumar
Date of Judgment: 03.12.2021
Advocates for Petitioner: Mr. D.K. Sinha, Senior Advocate; Mr. Anil Kumar No. 1, Advocate
Advocates for Respondents: Mr. Dr. Anand Kumar, Advocate (for respondents 6 to 9); Ms. Abhanjali, AC to GA-12 (for the State)
Respondents: State of Bihar and various university and education department authorities, including the Chancellor, Principal Secretary, Director, Deputy Secretary, Vice Chancellor, Financial Adviser, Registrar and Finance Officer.
Nature of the Case: Civil writ petition seeking quashing of a communication dated 22.04.2020 and to prevent implementation of Clause-xii of Para-4 of notification contained in Memo No. 15/G1-01/2020-2021 dated 23.06.2020 regarding pay verification and salary deduction.
Link to Full Judgment: Patna High Court Judgment – CWJC No. 7783 of 2020
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