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Patna High Court

Professor (Dr.) Ajit Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the university to pass the necessary order on the petitioner's representation and to pay the salary difference within eight weeks, thereby disposing of the writ petition.

Summary

Professor Dr. Ajit Kumar Singh, a retired associate professor, filed a writ petition seeking payment of retiral dues and arrears arising from his promotion from Lecturer to Reader under the university's Merit Promotion Scheme. He alleged that although the promotion was approved by Veer Kunwar Singh University, the salary difference due to him had not been paid. The State of Bihar and the university contended that the promotion had been notified and that the petitioner's claim should be adjudicated in accordance with law. The Court directed the university registrar to pass an order on the petitioner's representation and to pay the salary difference within eight weeks of receipt of the order, also directing the State to cooperate. The Court further ordered that interest on delayed payment be considered if similarly situated persons had received such benefits. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioner is entitled to payment of salary arrears and retiral dues following his promotion under the Merit Promotion Scheme
  • Whether the university and the State are obligated to direct payment of the salary difference within a specified period

Subjects

  • Merit Promotion Scheme
  • salary arrears
  • retiral dues
  • writ petition
  • higher education
  • University promotion
  • interest on delayed payment
  • administrative order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1920 of 2026
                 ======================================================
                 Professor (Dr.) Ajit Kumar Singh S/o Late Anant Prasad Singh, R/o Family
                 Flat No. 19, P.O. and P.S. Dalmiangar, District Rohtas and a retired Associate
                 Professor of Mahila College, Dalmianagar (Rohtas).

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Higher
                 Education, Govt. of Bihar, Patna.
           2.    Director (Higher Education), Govt. of Bihar, New Secretariat, Patna.
           3.    Veer Kunwar Singh University, Ara through the Registrar.
           4.    Vice-chancellor, Veer Kunwar Singh University, Ara.
           5.    Finance officer, Veer Kunwar Singh University, Ara.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Dr. Pramod Kumar Singh, Adv.
                 For the State           :     Mr. Sudhanshu Shekhar, Adv.
                 For the Resp. No. 3-5   :     Mr. Rajesh Prasad Choudhary, Adv.
                 For the Respondent/s    :     Mr.Standing Counsel (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-02-2026                 Heard learned counsel for the parties.

                               2. The writ petition has been filed for the following

                   relief:-

                                             “1(a) To pay the retiral dues/arrears
                                  of the petitioner as recommended by Principal
                                  of Mahila College, Dalmianagar, vide letter no.
                                  198/25; dated: 24/11/25 (Annexure-P/1) along
                                  with 12% interest on delayed period.
                                             (b) Other relief/reliefs the petitioner
                                  may found to be entitled at the time of hearing.”

                               3. Counsel for the petitioner, by referring to the
Patna High Court CWJC No.1920 of 2026(2) dt.12-02-2026
                                            2/3




          Annexure-P/9, at Page-14, submits that the promotion of the

          petitioner from the post of Lecturer to the post of Reader as per

          the provision of Merit Promotion Scheme has been approved by

          the    University,       which      is    contained   in   Memo   No.

          279/Estab./2024 dated 15.03.2024 but, for the reasons

          unexplained, the amount for which the petitioner is entitled has

          not been paid.

                      4. For getting his claim adjudicated, appropriate

          representation has already been filed by the petitioner before the

          Registrar Veer Kunwar Singh University, Ara, which is

          appended with the writ petition as Annexure-P/4.

                      5. On the other hand, counsel for the State as also the

          University submits that once the representation has been filed

          and the promotion from Lecturer to the post of Reader has

          already been notified under Merit Promotion Scheme then

          appropriate directions may be issued to adjudicate his claim in

          accordance with law.

                      6. Having heard learned counsel for the parties, the

          Registrar, of the Veer Kunwar Singh University is directed to

          pass necessary order on the representation of the petitioner,

          which is appended to the writ petition as Annexure-P/4 and the

          entitlement of salary, for which the petitioner is entitled in view
          Patna High Court CWJC No.1920 of 2026(2) dt.12-02-2026
                                                      3/3




                    of the notification issued by the Veer Kunwar Singh University

                    dated 15.03.2024, the difference of salary shall paid to this

                    petitioner within a period of eight weeks from the date of

                    receipt/production of a copy of this order. The issues of interest

                    shall also be adjudicated if other similarly situated persons have

                    been allowed such benefits.

                                7. The State is also directed to cooperate in the

                    adjudication so that the effect of the order of promotion and its

                    consequential benefit can be brought to logical end.

                                8. With the aforesaid observation and direction, the

                    writ petition stands disposed of.



                                                                    (Ajit Kumar, J)
rishi/-

U


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