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Patna High Court

Ayodhya YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a representation before the Registrar of L.N. Mithila University, after which the grievance will be considered, and did not order immediate payment.

Summary

Ayodhya Yadav, a retired assistant of K.V.S. College, filed a writ petition seeking payment of honorarium of Rs.1,800 per month for the period January 2019 to March 2022, as well as reimbursement of Rs.13,222 incurred for transporting study materials, based on Office Order Memo No. 715-17/19 issued by the Director of Distance Education of L.N. Mithila University. The petitioner alleged that despite performing duties at the Distance Education Study Centre, he had not received any payment or expense reimbursement despite repeated representations. The University contended that the petitioner should first file a formal representation before the Registrar, furnishing supporting documents of the work performed. The Court examined the submissions and concluded that the appropriate step is to direct the petitioner to file such a representation, after which the University must consider the grievance within a stipulated time. The Court therefore did not order immediate payment but set procedural directions for the grievance to be adjudicated. Consequently, the writ application was disposed of.

Issues considered

  • Whether the petitioner is entitled to the claimed honorarium and expense reimbursement under the Office Order Memo.
  • Whether the Court can directly order payment of the arrears or must first require the petitioner to file a representation before the University authorities.

Subjects

  • honorarium
  • arrears of salary
  • distance education
  • writ jurisdiction
  • representation
  • university employment
  • administrative order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1756 of 2026
                 ======================================================
                 Ayodhya Yadav S/o Late Baizoo Yadav, Resident of Village- Jarail, P.S.-
                 Benipatti, District- Madhubani, Retired as Assistant, K.V.S. College, Uchaith,
                 Benipatti, Madhubani.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Principle Secretary, Education Department, Govt.
                 of Bihar, Patna.
           2.    The L.N. Mithila University, Kameshwar Nagar Darbhanga through the
                 Vice-Chancellor.
           3.    The Vice-Chancellor, L.N. Mithila University, Kameshwar Nagar,
                 Darbhanga.
           4.    The Registrar, L.N. Mithila University, Kameshwar Nagar, Darbhanga.
           5.    The Director, Directorate of Distance Education, L.N. Mithila University,
                 Kameshwar Nagar, Darbhanga.
           6.    The Principal, K.V.S. College, Uchaith, Benipatti, Madhubani under L.N.
                 Mithila University, Kameshwar Nagar, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mrs. Anju Jha, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (24)
                                               Mr. Bindhyachal Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The instant writ application has been filed seeking a

                   direction to the respondents to make payment of arrears of

                   salary/honorarium for the period from 01.01.2019 to 31.03.2022

                   at the rate of Rs. 1,800/- per month for work performed by the

                   petitioner in the aforesaid period as Assistant at Distance

                   Education Study Centre No. 62, KVS College, Benipatti, in
Patna High Court CWJC No.1756 of 2026(2) dt.03-02-2026
                                            2/3




          light of the stipulation contained in Office Order Memo No.

          715-17/19 dated 16.01.2019 issued by the Director of Distance

          Education Directorate of the University under the orders of the

          Vice-Chancellor. The petitioner also seeks payment of Rs.

          13,222/- incurred towards contingency expenses, including

          transportation of study materials and other articles from the

          University to the study centre, along with interest @ 12% on

          delayed payment of the entire amount.

                      3. The case of the petitioner is that after retirement, he

          was appointed as Assistant at K.V.S. College, Study Centre of

          Distance Education, on a deputation basis in January 2019,

          pursuant to Memo No. 715-17/19 dated 16.01.2019 issued by

          the Director of Distance Education Directorate, L.N. Mithila

          University, Darbhanga, with the administrative approval of the

          Vice-Chancellor, addressed to the Principal of K.V.S. College,

          Uchaith, Benipatti. It is submitted that despite performing all

          duties and taking all necessary steps to facilitate the imparting

          of education, neither the honorarium for the period from

          01.01.2019 to 31.03.2022 at the rate of Rs. 1,800 per month has

          been paid, nor have the expenses incurred in carrying the study

          materials been reimbursed. The petitioner has been continuously

          submitting representations in this regard.
           Patna High Court CWJC No.1756 of 2026(2) dt.03-02-2026
                                                       3/3




                                 4. On the other hand, learned counsel for L.N. Mithila

                     University submits that the petitioner may be directed to file an

                     appropriate representation before the Registrar, L.N. Mithila

                     University, enclosing all supporting documents and materials

                     demonstrating the duties performed during the period for which

                     the honorarium/salary is claimed.

                                 5. Considering the submissions of the parties, this

                     Court finds it appropriate to direct the petitioner to file an

                     appropriate representation before the Registrar, L.N. Mithila

                     University, along with all supporting documents and a copy of

                     this order, within four weeks. Upon filing such representation, it

                     is expected that within a further period of eight weeks, all

                     grievances of the petitioner shall be considered and adjudicated,

                     and appropriate orders shall be passed. If the petitioner is found

                     entitled, the relevant benefits shall be extended accordingly.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.


                                                             (Ajit Kumar, J)

shikha/-

U


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