Patna High Court

Pradip Kumar Mishra,versusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The Court directed the Registrar of Kameshwar Singh Darbhanga Sanskrit University to consider the petitioners' salary claims and pass an appropriate order for payment within twelve weeks.

Summary

The petitioners, two assistant professors at Dr. Jagannath Mishra Sanskrit College, sought a writ of certiorari directing the University and its officials to pay their salaries from the dates of their appointments, alleging that the State of Bihar had released the requisite funds but the University had not disbursed them. The college is a deficit‑grant affiliated institution, and its staff are covered under the Triple Benefit Scheme, entitling them to pay and post‑retirement benefits comparable to university employees. The Court noted that similar matters had been decided in C.W.J.C. No. 8726 of 2017 and affirmed by the Apex Court in SLP (C) No. 23489 of 2019, and that recent coordinated bench orders (C.W.J.C. Nos. 6230 and 14418 of 2025) required the Registrar to release salary promptly. The University counsel sought a short adjournment to file a counter‑affidavit, but the Court found the petitioners’ grievance limited to salary payment and ordered the Registrar to consider the claim and issue an appropriate order within twelve weeks. Consequently, the writ petition was disposed of with a direction to the Registrar to effect payment, if the claim is found in favour of the petitioners.

Issues considered

Whether the University is obligated to pay the petitioners' salaries from the date of appointment despite the release of funds by the State of Bihar.
Whether the Registrar can be directed to release the salary within a specified time frame.
Whether prior judgments on similar salary disputes are binding on the present case.

Subjects

salary payment
government funds
university administration
deficit‑grant college
Triple Benefit Scheme
writ of certiorari
public employment
administrative law

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10037 of 2025
======================================================
1. Pradip Kumar Mishra, son of Sri Ganesh Mishra, Resident of Ward No. 13,
Pastan Navtoli, Pastan, District -Madhubani, Pin Code-847401, presently
working as Assistant Professor of Dr. Jagannath Mishra Sanskrit College,
Pastan Navtoli, Andharathadhi, Madhubani.
2. Ratish Kumar Jha, C/o Sri Bhairav Jha, resident of 98, Room No. 25,
Katwaria Sarai, Hauz Khas, South Delhi, District- Delhi, Pin Code-110016.
presently residing at Village and Post-Barsam, P.S.-Rudrapur, District
-Madhubani, presently working as Assistant Professor of Dr. Jagamath
Mishra Sanskrit College, Pastan Navtoli, Andharathadhi, PETITIONERS.
Madhubani.

... ... 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 Deputy Secretary, Higher Education, Education Department, Vikash
Bhawan New Secretariat, Government of Bihar, Patna.
5. The Special Secretary, Higher Education, Education Department, Vikash
Bhawan New Secretariat, Government of Bihar, Patna.
6. The Director, Higher Education, Education Department, Vikash Bhawan
New Secretariat, Government of Bihar, Patna.
7. The In-charge, Pay Verification Cell, Education Department, Government of
Bihar, Patna.
8. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
Darbhanga through its Registrar.
9. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit
Kameshwarnagar, Darbhanga. University
10. The Registrar, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
11. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit
Kameshwarnagar, Darbhanga. University
12. The Secretary, Dr. Jagarnath Mishar Sanskrit College, Pastan Navtoli,
Andharathadhi, Madhubani.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushalesh Choudhary, Advocate
For the Respondent/s : Mr. Standing Counsel (26)
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
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======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 20-01-2026

Heard the parties.

2. The petitioners before this Court are the Assistant

Professor of Dr. Jagarnath Mishra Sanskrit College, Pastan

Navtoli, Andharathadi, Madhubani, a duly affiliated College

under Kameshwar Singh Darbhanga Sanskrit University,

Kameshwar Nagar, Darbhanga; who have approached this Court

for the following reliefs:

(i) For issuance of an appropriate
writ in the nature of CERTIORARI,
commanding the concerned respondents for
payment of salary to both the petitioners from
their date of joining, as petitioner no.1 was
appointed on 22.12.2021 to the post of Assistant
Professor, in the subject of Sahitya of Dr.
Jagannath Mishra Sanskrit College, Pastan
Navtoli, Andharathadhi, Madhubani, vide Letter
No.G.B.-53/21 dated 22.12.2023, issued by the
Secretary of the aforesaid College and the
petitioner no.2 was appointed as Assistant
Professor in the subject of Jyotish of Dr.
Jagamath Mishra Sanskrit College, Pastan
Navtoli, Andharathadhi, Madhubani, vide Letter
No.G.B.-31/22 dated 07.02.2022, issued by the
Secretary of the aforesaid College, though both
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
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the petitioners have been performing their duty,
regularly, since the date of their appointment, but
their salary has not been paid by the University,
though the fund for payment of salary to the
teaching and non-teaching employees of the
Colleges and University has already been
released by the Government of Bihar, every year,
to the Kameshwar Singh Darbhanga Sanskrit
University, Kameshwar Nagar Darbhanga.
(ii) For issuance of appropriate
direction to the respondents 1st set commanding
them to issue direction to respondents 2nd set for
payment of salary to both the petitioners from
the date of their initial appointment, till date.
(iii) For grant of other relief /
reliefs, to which the petitioners may found
entitled, on the facts and circumstances of the
case.
3. Learned Advocate for the petitioners briefly

stated that the College, in question, is a deficit grant affiliated

College under Kameshwar Singh Darbhanga Sanskrit

University, Kameshwar Nagar Darbhanga (hereinafter referred

to as ‘the University’) and the teaching and non-teaching

employees are covered with the Triple Benefit Scheme and the

employees of such type of Colleges are eligible for pay scale

and post retirement benefits, equivalent to the employees of the

constituent Colleges as well as employees of the University.
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
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4. The aforesaid issue has also been considered and

set at rest by a Bench of this Court in C.W.J.C. No. 8726 of

2017, which has been duly affirmed up to the Apex Court in

SLP (C) No. 23489 of 2019; Based upon which the Registrar of

the University has also issued Notification No.950 dated

26.06.2021.

5. Notwithstanding the aforesaid fact, when the

identically situated persons have not been allowed the salary

and other benefits, despite the appropriate fund having been

released by the State Government, they have approached this

Court in C.W.J.C. No. 6011 of 2025. The learned Single Judge

having considered the materials available on record has been

pleased to hold as follows:

“6. Learned counsel appearing on
behalf of the University informs that after
verification, as to whether, the amount which has
been released is earmarked in respect of payment
of salary of the petitioner and if it is found that
the allotted fund also includes for required
payment of salary etc. of the petitioner, the same
will be paid to the petitioner forthwith.
7. It is expected from the Registrar
of the University that he must not delay for any
reason or for his any personal intent. He must
release after verifying from the information
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
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relating to the petitioner and the information
which has been brought on record in the present
writ petition.
8. In view of the information given
by the learned State counsel that the fund has
already been released, the payment must be made
to the petitioner forthwith, not beyond a period of
one week.”
6. It is further contended that identically situated

persons have further approached this Court and their cases have

also been disposed of in identical terms. Two of the orders

passed by the coordinate Bench as well as this Court in

C.W.J.C. No.6230 of 2025 and further in C.W.J.C. No. 14418 of

2025 have also been placed on record.

7. Referring to the afore noted orders passed by a

coordinate Bench of this Court, learned Advocate for the

petitioners thus contended that the cases of the petitioners are

entirely covered with the aforesaid decisions and the Registrar

of the University is also obliged to take a final decision in the

matter of the claim of the petitioners, since necessary grants

have already been released by the State Government.

Irrespective of the aforesaid facts and the petitioners have been

performing their duty regularly since the very date of

appointment, but they are being deprived from their due their
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
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salary.

8. On the other hand, learned Advocate for the

University has submitted that for proper adjudication of the

matter, a short adjournment is required so that he may file a

counter affidavit.

9. Having considered the limited grievance of the

petitioners with respect to due payment of salary and other

allowances for the period, they have been discharging their

duty, it would be apt and proper to dispose of the present writ

petition in the light of the above referred decisions with a

direction to the Registrar of the University to consider the claim

of the petitioners as prayed for and pass appropriate order, in

accordance with law, preferably within a period of twelve weeks

from the date of receipt/production of a copy of this order.

10. In case, the claim of the petitioner finds favour,

consequential monetary benefit be also accrued to them within

the stipulated period.

11. The writ petition stands disposed of.

(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.01.2026
Transmission Date NA.

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Kaushalesh Choudhary