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Patna High Court

Akhileshwar SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the State Government must absorb the petitioners in accordance with the Justice S.B. Sinha Commission’s order and provide the requisite financial benefits.

Summary

The petitioners, former university staff, sought a writ of mandamus directing the State of Bihar and two universities to pay withheld salaries, arrears, and to consider one petitioner for a compassionate appointment. They relied on the 11 May 2016 order of the Justice S.B. Sinha Commission, which recommended absorption of eight senior employees, including the petitioners, based on inter‑se seniority. The State and universities argued that only six vacancies existed under the DRT category and thus excluded the petitioners, despite the Commission’s direction and the existence of nine vacancies. The court examined the Commission’s mandate, prior Supreme Court precedent (State of Bihar v. Bihar Rajya MSESKK Mahasangh, (2005) 9 SCC 129) and a prior Patna High Court order, finding the State’s selective absorption arbitrary and contrary to the Commission’s order. Consequently, the court directed the State to absorb the petitioners in line with the Commission’s recommendation and to allocate funds for any financial liabilities, including salary arrears and benefits to legal heirs. The writ petition was thereafter disposed of.

Issues considered

  • Whether the State Government’s refusal to absorb the petitioners, despite the Justice S.B. Sinha Commission’s recommendation, violates the Commission’s direction.
  • Whether the petitioners are entitled to payment of withheld salary, arrears of salary and pension.
  • Whether the petitioner is eligible for a compassionate appointment in the concerned college.
  • Whether the State must allocate funds to meet the financial implications of the petitioners’ absorption.

Subjects

  • writ of mandamus
  • absorption of employees
  • university appointments
  • seniority
  • DRT category
  • salary arrears
  • compassionate appointment
  • state government

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.12163 of 2019
     ======================================================
1.    Akhileshwar Sharma S/o Late Bindeshwar Sharma R/o K P 29, Kailash Puri,
      Hanuman Nagar, Kankarbagh, Sampatchak, Patna-800020
2.   Manmohan Singh S/o Ganeshwar Singh Thana-Koilwar, Post Office-
     Rajapur, English village Rajapur, P.S. Koilwar, District-Bhojpur, Bihar
3.   Madhuri Devi Wife of Late Manoj Kumar R/o Mohalla-Chiktoli, Mangal
     Talab, Patna City, P.S.-Chowk, Patna-800008
4.   Tarun Kumar S/o Late Manoj Kumar Rajak Mangal Talab, Chik Toli,
     Sampatchak, Patna-800008

                                                          ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Human Resources
     Development Department Secretariat, Bihar, Patna
2.   The Director Higher Education,           Human      Resources    Development
     Department, Bihar, Patna
3.   The Vice Chancellor Magadh University, Bodh Gaya, Gaya
4.   Magadh University through its Registrar, Magadh University, Bodh Gaya,
     Gaya
5.   Vice Chancellor Patliputra University, Kankarbagh, Patna
6.   Patliputra University through the Registrar, Kankarbagh, Patna
7.   Principal S G G S College, Patna City a Minority cum Constituent College
     of Patliputra University

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Sujeet Kumar Sinha
     For the State          :       Smt. Binita Singh (Sc28)
     For the M.U.           :       Mr.Sunit Kumar
     For the P.P.U          :       Mr.Rana Vikram Singh
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                     ORAL JUDGMENT

      Date : 13-01-2026

                      In the instant petition, petitioners have prayed for the

     following relief(s):-

                                         “ That this is an application for
                                issuance of a writ in the nature of
                                Mandamus commanding the respondent
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                                   University to pay the with held salary of
                                   petitioner no one and two from March 2009
                                   as well as pay the arrear of salary and
                                   pension to petitioner no. 3 and consider the
                                   name of petitioner no. 4 for compassionate
                                   appointment in Sri Guru Govind Singh
                                   College, Patna City.”

                    2. Counsel for the petitioner by referring to the order

       dated 11.05.2016 passed by Justice S.B.Sinha (Retd.) Commission,

       New Delhi (herein after referred as 'Sinha Commission') on their

       respective Claim Petition Nos. 573 of 2013 (Akhileshwar Sharma),

       576 of 2013 (Manoj Kumar Rajak) & 563 of 2019 (Manmohan

       Singh), submitted that the learned Justice Sinha Commission after

       adjudication of all the claims, which were conjointly heard and

       composite order is said to have been passed, in which Justice

       Sinha (Retd.) has categorically recorded its findings that there are

       06 persons, who were appointed on 26.06.1985, and they are

       namely, Sri Rajeshwar Prasad, Sri Manoj Kumar Rajak

       (petitioner), Shri Akhileshwar Sharma, Sri Raj Kumar Prasad,

       Md. Abid Ansari & Sri Birendra Kumar, and similarly, two other

       persons have been appointed on 06.07.1985 namely, Petitioner

       No. 1 - Sri Akhileshwar Sharma                  & Petitioner No. 2 – Sri

       Manmohan Singh. These 08 persons being senior, their cases may

       be considered first, whereafter only the cases of other eligible

       candidates to be considered in terms of their respective seniority,
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       and it has further been directed that for the determination of inter

       se seniority, the University shall take into consideration, the

       guidelines issued by this Commission in the case of Assistants, and

       accordingly all the claim petitions were disposed of. It has further

       been submitted by the counsel that these petitioners have

       admittedly been receiving their salary since 1989, and even on

       query being made by the University from the College in question

       in 2014 itself, with regard to the status of vacancies, which was

       categorically responded by the Principal of Sri Guru Govind Singh

       College, Patna City vide letter dated 06.02.2019, that there are

       altogether 19 vacancies as against DRT Category.

                    3. Counsel for the petitioners by taking this Court to the

       order dated 11.05.2016 passed by the Sinha Commission that the

       name of the Petitioner No. 3, who is represented by legal heirs of

       the petitioner found place at Serial No. 2, is said to have been

       appointed on 26.06.1985 but for no obvious reason, the name of all

       these petitioners were singled out by the State Government while

       directing absorption, wherein others who were appointed similarly

       and despite there being findings of absorption by Justice Sinha

       Commission,         absorption      was     not   directed   by   the   State

       Government. This matter was heard at length on 08.09.2025, and
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       this Court had passed the following orders, which is reproduced as

       under:-

                                     “Heard the parties concerned.
                                     2. Learned counsel for the petitioners
                          submits that pursuant to Annexure-7, which is said
                          to have been passed by Justice S.B. Sinha (Retd.)
                          Commission, New Delhi vide order dated
                          11.05.2016, the claim petitions, filed by the
                          petitioners, have been considered and the Hon’ble
                          Commission issued directions in presence of State
                          of Bihar as well as the University wherein the
                          Hon’ble Commission was of the view that six
                          persons were appointed on 26.06.1985 who are,
                          Shri Rajeshwar Prasad, Shri Manoj Kumar Rajak,
                          Shri Akhileshwar Kumar Singh, Shri Raj Kumar
                          Prasad, Shri Md. Abid Ansari and Shri Birendra
                          Kumar. Similarly, two persons have been
                          appointed on 06.07.1985, namely, Shri Manmohan
                          Singh and Shri Akhileshwar Sharma and the
                          Hon’ble Commission after recording the name of
                          altogether eight persons directed that these eight
                          persons being senior, their cases may be
                          considered first, whereafter only the cases of other
                          eligible candidates should be considered in terms
                          of their respective seniority.
                                     3. For determination of inter se
                          seniority, the University shall take into
                          consideration the guidelines issued by this
                          Commission in the case of Assistant and
                          accordingly, the said claim petitions were disposed
                          of.
                                     4. Learned counsel for the petitioner, at
                          this stage, takes this Court to vacancy position
                          which is at Annexure-10 and the relevant portion is
                          at page 57 of this petition, which is prepared by the
                          In-charge Principal of the College which goes to
                          show the vacancy position in the non teaching
                          cadre on account of certain staff being
                          promoted/retired/death or resigned.
                                     5. On perusal of the said letter, it is quite
                          clear that more than eight vacancies are there and
                          all these recommendees could have been adjusted
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                          against the said posts but for the reason
                          unexplained, their cases were not considered.
                                     6. Learned counsel for the petitioners
                          has further taken this Court to the judgment
                          rendered by the Hon’ble Apex Court in the case of
                          State of Bihar v. Bihar Rajya MSESKK
                          Mahasangh reported in (2005) 9 SCC 129 and
                          based on which, the Hon’ble Co-ordinate Bench of
                          this Court in CWJC No. 17670 of
                          2017(Akhilanand Singh & Ors. vs. The State of
                          Bihar & Ors) has passed an order, wherein, it has
                          categorically been observed that if the name of the
                          petitioners either in the list prepared by Justice
                          Agarwal Commission or in the list of Justice S.B.
                          Sinha Commission finds favour, then their cases
                          can be considered. The case of the petitioners is on
                          better footing where there is already a
                          recommendation        by    Justice    S.B.    Sinha
                          Commission, still the State has come out with a
                          reason stating that the names of these petitioners
                          were not in the list prepared by the Justice
                          Agarwal Commission, therefore, their cases cannot
                          be considered.
                                     7. Even in the cases of such persons
                          whose names did not find place in both the list
                          prepared by the Justice Agarwal Commission and
                          Justice S.B. Sinha Commission, but their salaries
                          were paid on basis of the certain orders of the
                          State Government, their cases were considered and
                          this Court directed for their absorption. 8. Learned
                          counsel for the petitioners further submits that by
                          way of the rejoinder the specific stand taken by the
                          State as well as Patliputra University has been
                          elaborately answered in para-6, 7, 8, 9, 10, 11 and
                          12. To this, leaned counsel for the State submits
                          that the copy of the said rejoinder has not been
                          served upon him. Accordingly, the learned counsel
                          for the petitioner under takes to serve a copy of the
                          rejoinder upon learned counsel for the State as
                          well as that of Patliputra University.
                                     9. Be that as it may, let both the
                          Universities being Patliputra University and
                          Magadh University as well as the State to come up
                          with specific stand and appropriate steps taken
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                          with regard to compliance of observation made by
                          the Hon’ble Apex Court in the cases referred
                          above, for apprising the Court with proposed
                          action taken so that on the next date of hearing,
                          this Court can adjudicate the issue in question on
                          the basis fresh instruction taken in the light of
                          observations made hereinabove.
                                    10. Post it after four weeks on
                          13.10.2025.”

                    4. Pursuant to the directions issued on 08.09.2025,

       supplementary counter affidavit is stated to have filed on behalf of

       Respondent Nos. 3 & 4, and the counsel representing Magadh

       University, Bodh Gaya by taking this Court to Annexure-R/2

       submits that the University in terms of the vacancy under

       DRT/Promotion Category, on the basis of inter se (date of

       joining/date of birth) had recommended the name of altogether

       nine persons to be absorbed against the vacant post, their names

       were namely, Uma Devi, Birendra Kumar, Raj Kumar Prasad, Md.

       Abid Ansari, Akhileshwar Kumar Singh , Rajeshwar Prasad,

       Manoj Kumar Rajak, Akhileshwar Sharma & Manmohan Singh, in

       whose favour the recommendation for absorption were directed by

       the Sinha Commission vide order dated 11.05.2016. But, the

       Department of Education vide its letter no. 2177 dated 29.11.2018

       asked the University Officials to re-look to the recommendation,

       which      was     made      by     them        and   to   make   appropriate

       recommendation for its compliance. It is the case of the University
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       that after having re-looked the issues, the matters of other similarly

       situated persons including these petitioners were again sent for

       absorption/regularisation vide Letter No. 223 of 2018 dated

       05.12.2018, wherein, it was specifically stated in respect of these

       petitioners including other’s that the earlier speaking order was

       passed taking into consideration, the provisions for DRT in

       Hon’ble S.C. Agarwal Commission report, which was followed by

       Hon’ble Justice S.B. Sinha Commission and in its order dated

       11.05.2016 mentioned 06 posts fallen vacant under DRT category,

       in fact 09 posts were fallen vacant, which has been mentioned in

       the earlier speaking order. Following the above provisions for

       DRT, the speaking order was passed for 09 persons taking inter se

       seniority for adjustment in DRT category. With the stipulation that

       If the Government wishes to consider only six posts in DRT

       Category, may consider the claims of six persons as per their

       seniority decided in earlier speaking order, and pursuant to such

       stipulations made by the University, it is said that the Department

       of Education came out with Office Order as contained in Memo

       No. 98 dated 12.01.2019, appending list of referred cases and only

       six persons from the recommended list were only considered

       eligible for absorption, while the said list contained the number of

       13 members, but for no prudent reason the name of these
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       petitioners, namely, Sri Akhileshwar Sharma, Manoj Kumar Rajak

       (since died and duly represented by the legal heirs) & Manmohan

       Singh, were not considered, while Justice Sinha (Retd.)

       Commission, had directed for their absorption along with others.

                    5. The counsel representing Magadh University further

       submits that vide notification dated 22.01.2019 appended as

       Annexure-R/6, the persons so recommended for absorption by the

       State Government excluding these petitioners, the appropriate

       notification of absorption were issued by the University. On the

       other hand, counsel for the State by referring to the stand taken in

       the counter affidavit, does not dispute the factual position which is

       said to have been stated by the Principal of Sri Guru Govind Singh

       College, Patna City wherein it has been stated that there were 19

       vacancies as against DRT Category. On the issues that the

       recommendation which is said to have been made by the

       University, wherein there had been specific stand that there was 09

       vacancies and as per inter se seniority in terms of the observation

       of Justice Sinha Commission, the name of these petitioners with

       the names of other eligible candidates, for which the directions for

       absorption were made, still absorption with respect to only six

       persons were directed by the State under DRT Category, whereas

       there were 09 vacancies, and considering such vacancies, the
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       recommendation of these petitioners were also made, there is no

       plausible answer before the State counsel for violating the

       direction of the Commission, and directing absorption ignoring

       these petitioners.

                    6. Considering the fact that Sinha Commission which

       was constituted under the orders of Hon’ble Apex Court judgment

       rendered in the case of State of Bihar vs. Bihar Rajya MSESKK

       Mahasangh reported in (2005) 9 SCC 129, and the commission

       having been constituted for addressing the issues of absorption of

       such teachers, who were working in the respective colleges,

       despite their being specific recommendation in favour of these

       petitioners as against the existing vacancies, which were duly

       identified by the University Officials, but for no prudent reason,

       the State Government is said to have not considered the case of

       these petitioners, whereas, they were also eligible for consideration

       as against the vacant post for their absorption, in similar terms as

       that has been done in the case of other six persons, whose names

       also find place in the recommendation made by the University

       vide letter dated 17.11.2018 as per the directions issued by the

       Justice Sinha Commission in its order dated 11.05.2016, and as

       such they have certainly made out a case of consideration for

       similar treatment.
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                    7. Taking into account the fact that the State

       Government in its response, has miserably failed to justify their

       arbitrary action in making pick and choose, from the list of

       recommendation made by the University dated 17.11.2018, which

       was in consonance with the direction of Justice Sinha

       Commission, wherein recommendation with regard to the

       absorption of these petitioners as against the vacant post was also

       made in their favour, but for no prudent reason, the name of these

       petitioners have not been considered, accordingly, this Court

       directs the State Government to consider the case of these

       petitioners for absorption strictly in consonance with the

       recommendation so made in favour of these petitioners by the

       Commission, namely, Hon’ble Justice S.B. Sinha (Retd.)

       Commission vide its order dated 11.05.2016, and pass necessary

       orders by extending benefits, for which these petitioner are also

       entitled in similar terms, as that of other similar situated persons in

       whose favour, the recommendation for absorption made by the

       University were approved by the State Government vide letter

       dated 12.01.2019, which forms part of supplementary counter

       affidavit as Annexure-R/5 filed on behalf of the Respondent Nos. 3

       & 4 within a period of two months from the date of such

       representation.
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                                 8. The State Government is directed to take care of all

                    financial implications, which might accrue in settling the claims of

                    these petitioners, for which necessary funds shall be allocated to

                    the concerned University for carrying out necessary obligations as

                    per the requisition made in this regard.

                                 9. It is needless to say that original employee, namely,

                    Manoj Kumar Rajak has since died and is being represented

                    through legal heirs, namley, Madhuri Devi (wife) & Taruk Kumar

                    Rajak (son) who are Petitioner Nos. 3 & 4, so the University will

                    take steps in settling the claim in favour of legal heirs mutually

                    after completing all legal formalities, without causing any

                    unwarranted harrasments to avoid further litigation.

                                 10. With the above observation, the instant writ petition

                    stands disposed of.



                                                    (Ajit Kumar, J)
abhishekkr/-
AFR/NAFR                NAFR
CAV DATE                17.01.2026
Uploading Date          NA
Transmission Date       NA


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