Patna High Court

Shashinath ChoudharyversusThe State of Bihar

Decided: 2 February 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The Court held that the petitioner must first file a fresh representation with supporting appointment documents, after which the claim will be adjudicated and appropriate orders may be passed.

Summary

The petitioner, Shashinath Choudhary, filed a writ petition seeking payment of salary arrears, gradation pay and enhancement for his service as a Lecturer in Maithili at Ram Lakhan Singh Ramswaroop Mandal College. The University objected, stating that the petition lacked details of his appointment and the period for which salary was claimed. The Court directed the petitioner to submit a fresh representation before the Registrar, furnishing his appointment letter and salary particulars to substantiate his claim. The Court further ordered that, if the claim is found justified after verification, the arrears and related benefits be granted within two months of receipt of the representation. Consequently, the writ application was disposed of pending the petitioner’s compliance with the directions.

Issues considered

Whether the petitioner is entitled to arrears of salary, gradation pay and enhancement for his tenure as Lecturer.
Whether the lack of appointment details in the petition precludes the Court from granting relief.
Whether the Court can direct the University to verify the petitioner’s claim before granting the salary arrears.

Subjects

salary arrears
public servant
writ petition
appointment verification
higher education
gradational pay

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.1675 of 2026
                 ======================================================
                 Shashinath Choudhary Son of Late Upendra Narayan Choudhary Resident of
                 Village- Anpati, Sidhauli, Post- Sidhauli, Via- Amarpur, P.S.- Ashok Paper
                 Mill, District- Darbhanga.                                 ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through Additional Chief Secretary, Education
                  Department, Govt. of Bihar.
           2.    The Vice Chancellor, L. N. Mithila University, Darbhanga.
           3.    The Registrar, L. N. Mithila University, Darbhanga.
           4.     The Finance Officer, L. N. Mithila University, Darbhanga.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Ratan Kumar Kumar
                 For the Respondent/s   :       Government Pleader (24)
                                                Mr. Bindhyachal Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The present writ application has been filed seeking

                   a direction to the respondents to make payment of the dues

                   towards arrears of salary along with gradation pay and

                   enhancement, for which the petitioner has already submitted a

                   representation before respondent no. 3.

                               3. On the other hand, learned counsel for the

                   University has objected to such prayer on the ground that there

                   are no details regarding the petitioner’s appointment, as also the

                   period from which the salary is being claimed.

                               4. Be that as it may, the petitioner is directed to file a
           Patna High Court CWJC No.1675 of 2026(2) dt.02-02-2026
                                                       2/2




                     fresh representation before the respondent no.3 substantiating

                     his bona fides with regard to the claim for arrears of salary by

                     placing on record the appointment letter as well as details of the

                     salary allegedly paid to him while discharging his duties on the

                     post of Lecturer in Maithili subject at Ram Lakhan Singh

                     Ramswaroop Mandal College, Shivajee Nagar, Samastipur.

                     Upon finding the claim to be justified, after referring to the

                     documents and verifying the duties discharged by the petitioner,

                     necessary orders shall be passed in accordance with law within a

                     period of two months from the date of receipt of the

                     representation.

                                 5. It is made clear that if, upon adjudication, the claim

                     of the petitioner is found to be justified in law, the benefits of

                     arrears of salary shall be extended within the same time period.

                                 6. With the aforesaid observations and directions, this

                     writ application stands disposed of.



                                                             (Ajit Kumar, J)
shikha/-

U

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