Patna High Court
Bhrigunandan SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioners must first file a representation with the registrar of Kameshwar Singh Darbhanga Sanskrit University, and therefore the writ petition is dismissed.
Summary
The petitioners, four former teachers of Sanskrit Up‑Shastri Colleges in Bihar, filed a writ petition seeking mandamus for payment of salary, allowances, gratuity, leave encashment and pension for periods after their service was extended to age 62 following a government notification. They claimed that despite regular service up to the extended retirement date, the government had not paid the dues, including differences under the 7th Pay Revision. The State and the university argued that the petitioners must first file a representation with the registrar, furnishing proof of service and claim. Relying on earlier decisions (Gulab Jha v. Kameshwar Singh Darbhanga Sanskrit University and Md. Ataur Rahman v. Union of India), the court held that the appropriate remedy is to direct the petitioners to make such representation, after which the university will adjudicate within the stipulated time. Consequently, the writ petition was dismissed and the matter remanded for representation, with a direction that any pay revision be claimed through a separate representation.
Issues considered
- Whether a writ of mandamus can be issued directing payment of salary and allowances without the petitioners first filing a representation before the university registrar.
- Whether the extension of retirement age to 62 years obliges the government to pay salary, allowances, gratuity, leave encashment and pension for the extended period.
- Whether the petitioners are required to submit documentary proof of service and claim before the court can entertain their relief.
Subjects
- writ petition
- mandamus
- salary dues
- retirement age
- 7th Pay Revision
- gratuity
- leave encashment
- pension
- higher education
- teachers
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1579 of 2026
======================================================
1. Bhrigunandan Sharma Son of Chandeshwar Sharma, Resident of Village and
P.O.- Bhori, P.S.-Tekari, District- Gaya, Bihar, Pin Code- 824236.
2. Ram Bilas Mishra, Son of Late Yagyadatt Mishra, Resident of P.O.- Kuba,
Village- Sugi, P.S.-Hunterganj, District- Chatra, Jharkhand, Pin Code-
825401.
3. Mahendra Pathak, Son of Late Shyam Lal Pathak, Resident of Village-
Sewaichak, P.O.- Amarut, District- Gaya, Bihar, Pin Code- 824201.
4. Phool Jha, Son of Late Krishna Chandra Jha, Resident of Village- Ganauli,
P.O. and P.S.- Andharatharhi, District- Madhubani, Bihar, Pin Code- 847401.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Higher Education
Department, Vikash Bhawan, New Secretariat, Patna, Pin Code- 800015.
2. The Director, Higher Education Department, Vikash Bhawan, New
Secretariat, Patna, Pin Code- 800015.
3. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
Darbhanga through its Registrar.
4. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
5. The Registrar, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
6. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
7. The Governing Body of Sanskrit Up-Shastri College, Hardawan, P.S. Dobhi,
District Gaya, Bihar, through its Secretary.
8. The Principal, Sanskrit Up-Shastri College, Hardawan, P.S.- Dobhi, District
Gaya, Bihar.
9. The Governing Body of Rudra Sanskrit Up-Shastri College, Hulas, District-
Supaul, Bihar, through its Secretary.
10. The Principal, Rudra Sanskrit Up-Shastri College, Hulas, District- Supaul,
Bihar.
... ... Respondent/s
Patna High Court CWJC No.1579 of 2026(2) dt.31-01-2026
2/6
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushalesh Choudhary, Advocate
For the Respondent/s : Mr. Kumar Manish, Standing Counsel (5)
Mr. Arun Kumar Prasad, AC to SC-5
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i). For issuance of an appropriate writ (s)/
rule(s) /direction(s) in the nature of Mandamus
commanding the respondent concerned, for
payment of salary and allowances with statutory
interest to the petitioner no.1, for the period of
01.01.2022 till 31.12.2023, because the petitioner
no.1 was schedule to retire on 31.12.2021, after the
attaining the age of 60 years, from the post of
teacher from Sanskrit Up-Shastri College,
Hardawan, P.S.- Dobhi, District Gaya, Bihar, but
as the government has decided to enhance the
retirement age of such Up-Shastri College teachers
up-to 62 years, therefore, the petitioner no.1 was
superannuated from service on 31.12.2023, after
attaining the age of 62 years and he has performed
his service up-to 31.12.2023. regularly, but salary
and allowances for the aforesaid period i.e.
01.01.2022 to 31.12.2023 has not been given to
him. AND also for payment of difference of pay
w.e.f. 01.04.2017 till 31.12.2023, on the basis of
7th Pay Revision, to the petitioner no.1.
(ii). For payment of salary and allowances
with statutory interest to the petitioner no.2 for the
period of 01.03.2016 to 28.02.2018, because the
petitioner no.2 was schedule to retire on
Patna High Court CWJC No.1579 of 2026(2) dt.31-01-2026
3/6
29.02.2016, after the attaining the age of 60 years,
from the post of teacher from Sanskrit Up-Shastri
College, Hardawan, P.S.- Dobhi, District Gaya,
Bihar, but as the government has decided to
enhance the retirement age of such Up-Shastri
College teachers up-to 62 years, therefore, the
petitioner no.2 was superannuated from service on
28.02.2018, after attaining the age of 62 years and
he had performed his service up-to 28.02.2018,
regularly, but salary and allowances for the
aforesaid period i.e. 01.03.2016 to 28.02.2018 has
not been paid to him. AND also for payment of
difference of pay w.e.f. 01.04.2017 till 28.02.2018,
on the basis of 7th Pay Revision, to the petitioner
no.2. AND also for payment of 10% gratuity, leave
encashment, along with 10% monthly pension from
01.03.2018 till date, because only 90% gratuity
and leave encashment has been paid to petitioner
no.2 and only 90% pension is being given to the
petitioner no.2.
(iii). For payment of salary and allowances
with statutory interest to the petitioner no.3 for the
period of 01.09.2011 to 31.08.2013, because the
petitioner no.3 was schedule to retire on
31.08.2011, after the attaining the age of 60 years,
from the post of teacher from Sanskrit Up-Shastri
College, Hardawan, P.S.- Dobhi, District Gaya,
Bihar, but as the government has decided to
enhance the retirement age of such Up-Shastri
College teachers up-to 62 years, therefore, the
petitioner no.3 was superannuated from service on
31.08.2013, after attaining the age of 62 years and
he had performed his service up-to 31.08.2013,
regularly, but salary and allowances for the
aforesaid period i.e. 01.09.2011 to 31.08.2013 has
not been paid to him. AND also for payment of
10% gratuity, leave encashment, along with 10%
monthly pension from 01.09.2013 till date, because
only 90% gratuity and leave encashment and
Patna High Court CWJC No.1579 of 2026(2) dt.31-01-2026
4/6
monthly pension have been paid to petitioner no.3.
(iv). For payment of salary and allowances
with statutory interest to the petitioner no.4 for the
period of 01.02.2022 to 31.01.2024, because the
petitioner no.4 was schedule to retire on
31.01.2022, after the attaining the age of 60 years,
from the post of teacher from Rudra Sanskrit Up-
Shastri College, Hulas, District-the no.4 was
Supaul, Bihar, but as the government has decided
to enhance the retirement age of such Up-Shastri
College teachers up-to 62 years, petitioner
therefore, superannuated from service on
31.01.2024, after attaining the age of 62 years and
he had performed his service up-to 31.01.2024,
regularly, but salary and allowances for the
aforesaid period i.e. 01.02.2022 to 31.01.2024 has
not been paid to him. AND also for payment of
difference of pay w.e.f. 01.04.2017 till 31.01.2024,
on the basis of 7th Pay Revision, to the petitioner
no.4. AND also for payment of leave encashment,
which has not been given to him, till date.
(v). For grant of other relief / reliefs, to which the
petitioners may found entitled, on the facts and
circumstances of the case.
3. Learned counsel for the petitioners by referring to
the notification issued by the Registrar, Kameshwar Singh
Darbhanga Sanskrit University, Darbhanga, submits that in
respect of the teachers of Up-Shashtri level, their age of
superannuation has been extended from 60 to 62 years. While,
these petitioners have already discharged their duties till the
extended period of superannuation, but for no obviuos reason,
their salaries have not been paid.
Patna High Court CWJC No.1579 of 2026(2) dt.31-01-2026
5/6
4. In order to buttress his submissions, he has taken
this Court to the judgment rendered by a Co-ordinate Bench
decision in C.W.J.C. No.7009 of 2013, Gulab Jha v.
Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga and Others and C.W.J.C. No.10195 of 2022, Md.
Ataur Rahman and Others v. The Union of India and Others,
which has been rendered with respect to the University in
question.
5. On the other hand, learned counsel for the University
and learned counsel for the State submits that the petitioner may
be directed to file a separate representation showing his bona fide
and as also the documents pertaining to discharge of duties, having
been made by this petitioner along with the judgment which has
already dealt with the issue in question.
6. Considering the submission of the parties, this Court
is of the view that the representation shall be made by the petitioner
to the Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga, appending all documents along with a copy of this
order, within a period of four weeks, which shall be adjudicated
within a period of eight weeks from the date representation and if
on adjudication, it is found that the claim of this petitioner is
justified, then the benefits shall also be extended to him within
Patna High Court CWJC No.1579 of 2026(2) dt.31-01-2026
6/6
the same time.
7. Needless to say that if the petitioner is entitled to
any revision in pay, a separate representation shall be made
within the time so allowed and on filing of such application /
representation, the grievance of the petitioner shall be
considered along with the claim of salary within the same period
and the entire grievance of the petitioner, shall be given quietus
by passing appropriate order.
8. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
Checking your session…