Patna High Court
Sunil Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner must file a detailed representation before the Registrar, who shall adjudicate the salary payment claim in accordance with the absorption order, subject to the University’s requisition of funds from the State Government.
Summary
The petitioner, a Laboratory Incharge at a constituent college of B.N. Mandal University, filed a writ seeking payment of salary arrears from February 2011, current salary, interest, and declarations that non‑payment violated Articles 21 and 14 of the Constitution. The petitioner relied on an absorption order issued by the Vice‑Chancellor and a pay scale fixed by the State Education Department, but alleged that salary had not been released despite representations. The University argued that payment could not be made until funds were received from the State Government, while the State contended that the matter should be decided by the University’s Registrar. The Court directed the petitioner to file a detailed representation before the Registrar within four weeks, attaching supporting documents, and instructed the Registrar to adjudicate the salary claim in line with the absorption order, with the University to requisition funds from the State if necessary. Consequently, the writ application was disposed of.
Issues considered
- Whether the petitioner is entitled to payment of salary arrears and current salary under the absorption order and pay verification order.
- Whether the non‑payment of salary violates the petitioner’s fundamental rights under Articles 21 and 14 of the Constitution.
- Whether the Court can issue a mandamus directing payment of salary in the absence of available funds.
Subjects
- salary arrears
- mandamus
- right to livelihood
- Article 21
- Article 14
- public university
- absorption order
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1931 of 2026
======================================================
Sunil Kumar Jha Son of Shri Raj Krishna Jha, Resident of village- Satghara,
P.S. - Babu Barhi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. B.N. Mandal University, Laloo Nagar, Madhepura through its Registrar.
3. Vice Cahncellor, B.N. Mandal University, Laloo Nagar, Madhepura.
4. Registrar, B.N. Mandal University, Laloo Nagar, Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binodanand Mishra, Sr. Advocate
Mr. Sandeep Kumar, Advocate
For the Respondent/s : Mrs. Babita Kumari, AC to SC-1
Mr. Md. Nadim Seraj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been filed for the
following reliefs:-
(i) For issuance of an order, direction,
writ including writ in the nature of mandamus
commanding the respondents to make payment of
arrears salary starting from February 2011 till date
to the post of Laboratory Incharge (Physics) in the
Parwati Science College, Madhepura, a constituent
unit of B.N. Mandal University, Madhepura.
(ii). For issuance of an order, direction or
writ including writ in the nature of mandamus
commanding the respondents to make payment of
current salary month- to-month to the petitioner
regularly along with other teaching and non-
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teaching employees.
(iii) For issuance of an order, direction or
writ including writ in the nature of mandamus
commanding the respondents to make payment of
interest 18% per annum on the unpaid arrears of
salary as the delay is squarely attributable to the
respondents.
(iv) For issuance of an appropriate
declaration holding that petitioner is entitled for
payment of arrears of salary from February 2011 to
till date and current salary
month-to-month of the post of Laboratory Incharge
(Physics) in Parwati Science College, Madhepura.
(v) For issuance of an appropriate
declaration holding that respondents are obliged to
make payment of arrears and the current salary to
the petitioner as the nonpayment would be
violation of the Right to Livelihood which is an
integral part of Right to Life guaranteed under
Article 21 of the Constitution of India.
(vi) For issuance of an appropriate
declaration holding that non-payment of arrears as
well as current salary would
also violate Article 14 of the Constitution of India
in view of the fact that petitioner is continuously
discharging his duties but not paid salary, however,
the salary is paid to the similarly situated other
non-teaching employees.
(vii) For any other reliefs) to which the
Petitioner may be found entitled in the facts and
circumstances of the present case.
3. Learned Senior Counsel for the petitioner
submits that pursuant to the order passed by the Hon’ble
Division Bench in LPA No. 404 of 2019, the dispute relating to
absorption of the petitioner was required to be resolved. In
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compliance thereof, the University conducted an enquiry and
determined the entitlement of the petitioner, whereupon the
petitioner was absorbed with effect from 01.02.2011. Reference
is made to the absorption order issued under the orders of the
Vice-Chancellor, B.N. Mandal University, as contained in
Memo No. 620 of 2023 dated 02.06.2023, wherein it has been
stipulated that the applicable pay scale as allowed by the State
Government shall be admissible to the petitioner and salary
shall be paid on receipt of funds from the State Government.
4. It is further submitted that the Pay Verification
Cell of the Education Department has also fixed the pay scale;
however, salary has not been paid from the date of absorption
despite representations having been made by the petitioner,
appended as Annexure-P/18 before the Registrar, B.N. Mandal
University, Madhepura, and Annexure-P/19 before the Director,
Higher Education Department.
5. On the other hand, learned counsel for the
University submits that since absorption has already been
effected and the Pay Verification Cell has fixed the pay scale,
there is no reason to deny payment of salary, subject to receipt
of funds from the State Government. It is further submitted that
since representations have already been made by the petitioner,
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the same may be directed to be decided by the Registrar in
accordance with the absorption order appended with the writ
application as Annexure- P/12.
6. Learned counsel appearing for the State submits
that since the University has already taken a decision in
compliance with the order passed by the Hon’ble Division Bench
as well as in the contempt proceedings initiated by the petitioner,
which has the sanction of the State Government, and in case any
requisition for payment of salary is placed by the University, the
same shall be considered and addressed in accordance with law,
accordingly, it is submitted that the writ application may be
disposed of.
7. Considering the submissions advanced on behalf
of the parties, this Court finds it appropriate to direct the
petitioner to file a detailed representation before the Registrar,
B.N. Mandal University, Madhepura, within a period of four
weeks from today, appending all relevant supporting documents
along with a copy of this order. Upon receipt of such
representation, the Registrar shall adjudicate the issues in terms
of the decision taken by the University as contained in
Annexure-P/12 and pass necessary orders with respect to
payment of salary.
8. Needless to state that if requisite funds are
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required for payment of salary, the University shall make an
appropriate requisition to the State Government, and the
authorities of the State shall take necessary steps for release of
funds for redressal of the grievance of the petitioner.
9. With the aforesaid observations and directions,
the instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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