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Patna High Court

Amit Kumar KarnversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed by directing the Registrar of B.R.A. Bihar University to dispose of the pending representation within six months, and to grant any entitled relief within three months thereafter.

Summary

The petitioner, Amit Kumar Karn, a Class‑III employee of B.R.A. Bihar University, filed a writ petition seeking release of his pending salary, interest thereon, and regularisation as a permanent employee. He also requested the court to direct the university to dispose of a representation filed on 03‑09‑2025. The respondents, including the State of Bihar and the university officials, raised no objection to the limited prayer for procedural direction. The court, noting the narrow relief sought, ordered the Registrar of the university to dispose of the pending representation within six months, after giving the petitioner a hearing, and to issue a reasoned order. It further directed that if the petitioner is found entitled to the claimed relief, it should be granted within three months of the Registrar’s final order. The writ application was thereby disposed.

Issues considered

  • Whether the court should direct the university to dispose of the petitioner’s pending representation within a stipulated time
  • Whether the petitioner is entitled to the claimed salary, interest, and regularisation (substantive issues were not adjudicated)

Subjects

  • salary arrears
  • interest on delayed payment
  • regularisation of service
  • mandamus
  • public university
  • pending representation
  • procedural direction
  • writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No. 1824 of 2026
                 ======================================================
                 Amit Kumar Karn Son of Ajit Kumar Karn, resident of Rambagh Road,
                 Sundarbagh, P.S. - Mithanpura, District- Muzaffarpur.

                                                                           ... ... Petitioner
                                                  Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar Main
                 Secretariat, Patna.
           2.    The Principal Secretary, Education Department, Government of Bihar,
                 Patna.
           3.    The Vice Chancellor B.R.A. Bihar University Muzaffarpur.
           4.    The Registrar, B.R.A. Bihar University Muzaffarpur.
           5.    The Proctor, B.R.A. Bihar University Muzaffarpur.
           6.    The Finance Officer, B.R.A. Bihar University Muzaffarpur.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Abhishek Kumar Srivastava, Advocate
                 For the Respondent/s   :     Mr. Mujtabaul Haque, GP-12
                 For the University     :     Mr. Bindhyachal Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   05-02-2026                    Heard learned counsel for the petitioner, learned

                   counsel for the Respondent-University and learned counsel for

                   the Respondent-State.

                               2. With the consent of all the parties, this writ

                   application is being disposed of at the present stage itself.

                               3. The petitioner in the present writ application has

                   prayed for the grant of following reliefs:-

                                                       “(i)   For      issuance    of    an
                                                       appropriate writ/order/direction
                                                       in the nature of mandamus
                                                       directing and commanding the
Patna High Court CWJC No. 1824 of 2026(2) dt.05-02-2026
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                                                  respondents       authorities           to
                                                  forthwith release and disburse
                                                  the entire lawful and admissible
                                                  salary/remuneration            to      the
                                                  petitioner, namely Amit Kumar
                                                  Karn,     for    the   work           duly
                                                  performed by him as a Class-III
                                                  Employee          (Data              Entry
                                                  Operator/Computer Operator) in
                                                  the     Department        of        Hindi,
                                                  Bhimrao         Ambedkar             Bihar
                                                  University, Muzaffarpur, for the
                                                  entire period of his continuous
                                                  service from the year, 2014 till
                                                  date.
                                                  (ii)    For     issuance        of     an
                                                  appropriate writ/order/direction
                                                  in the nature of mandamus
                                                  directing and commanding the
                                                  respondents authorities to pay
                                                  interest at an appropriate and
                                                  reasonable rate, as may be
                                                  deemed just and proper by this
                                                  Hon'ble Court, on the aforesaid
                                                  delayed and withheld salary
                                                  amount, calculated from the date
                                                  the payment became due till the
                                                  date of actual realization.
                                                  (iii)   For     issuance        of     an
                                                  appropriate writ/order/direction
                                                  in the nature of mandamus
Patna High Court CWJC No. 1824 of 2026(2) dt.05-02-2026
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                                                  directing and commanding the
                                                  respondents      authorities          to
                                                  regularize      the         petitioner's
                                                  services and appoint him on a
                                                  permanent/salaried basis in the
                                                  Department of Hindi, Bhimrao
                                                  Ambedkar       Bihar        University,
                                                  Muzaffarpur,          taking        into
                                                  consideration         the      repeated
                                                  recommendations of the Heads of
                                                  Department and Departmental
                                                  Council, and in view of the
                                                  essential and continuous services
                                                  rendered by the petitioner since
                                                  01.08.2014.
                                                  (iv) For issuance of any other
                                                  writ/order/direction which the
                                                  Hon'ble Court may deem fit and
                                                  proper   in     the         facts   and
                                                  circumstances of the case.”
                       4. After advancing some argument, learned counsel

          for the petitioner submits that for seeking the aforesaid relief,

          the petitioner has filed several representations, the latest one

          being 03.09.2025 which the petitioner claims to have submitted

          before the Registrar of the Respondent-University and as per the

          petitioner, the same continues to be pending. Learned counsel

          for the petitioner, therefore, submits that the petitioner would be

          satisfied if an appropriate direction could be issued to the
Patna High Court CWJC No. 1824 of 2026(2) dt.05-02-2026
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          Registrar of the Respondent-University to dispose of the

          pending representation of the petitioner within a fixed time

          frame after giving an opportunity of hearing to the petitioner.

                       5. To the aforesaid submission made by learned

          counsel for the petitioner, learned counsel for the Respondent-

          State and learned counsel for the Respondent-University do not

          have any objection.

                       6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of directing the Registrar of the Respondent-

          University to dispose of the pending representation of the

          petitioner dated 03.09.2025 within a period of six months from

          the date of receipt/production of a copy of this order, after

          giving an opportunity of hearing to the petitioner. Needless to

          emphasize that the final order which shall be passed by the

          Registrar of the Respondent-University should be a reasoned

          and speaking order. It is further made clear that in case the

          petitioner is found entitled to the relief which the petitioner has

          claimed through the representation, the same should be

          extended to the petitioner within a further period of three

          months from the date of passing of the final order by the

          Registrar of the Respondent-University.
          Patna High Court CWJC No. 1824 of 2026(2) dt.05-02-2026
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                                 7. With the aforesaid observation and direction, the

                    present writ application is disposed of. All pending Interlocutory

                    Applications, if any, will be deemed to have been disposed of.



                                            (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


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