Patna High Court
Mohananand JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court declined to issue mandamus and directed the petitioner to file a representation with the University, with the petition disposed.
Summary
Mohananand Jha, an Assistant Teacher at Amilal Babua Sanskrit Up‑Shastri College, retired on 28‑02‑2013 at the statutory age of 60 but continued in service until 28‑02‑2015 after the government extended the retirement age to 62. He claimed that his salary and allowances for the period 01‑03‑2013 to 28‑02‑2015 were not paid and filed a writ petition seeking a mandamus directing payment with interest. The petitioner relied on a university notification extending the superannuation age and cited earlier judgments of the Patna High Court on similar issues. The State and the University argued that the petitioner should first file a representation with supporting documents. The Court held that the petitioner must make a representation to the Registrar of Kameshwar Singh Darbhanga Sanskrit University within four weeks, after which the University should adjudicate the claim within eight weeks and, if justified, pay the dues. Consequently, the writ petition was disposed without granting mandamus.
Issues considered
- Whether the extension of the retirement age to 62 entitles the petitioner to salary and allowances for the period after his original superannuation date.
- Whether the Court can issue a writ of mandamus directing the University/State to pay the claimed salary and interest.
Subjects
- writ petition
- mandamus
- salary dues
- superannuation age extension
- higher education
- government employee
- representation
- adjudication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2007 of 2026
======================================================
Mohananand Jha Son of Late Lakshmi Kant Jha, Resident of Village- Khara
via Alam Nagar, P.O- Khara Budhama, Ward No. 06, District- Madhepura,
Bihar, Pin Code- 852210.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Higher Education
Department, Vikash Bhawan, New Secretariat, Patna, Pin Code- 800015.
2. The Director, Higher Education Department, Vikash Bhawan, New
Secretariat, Patna, Pin Code- 800015.
3. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
Darbhanga through its Registrar.
4. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwarnagar, Darbhanga.
5. The Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwarnagar, Darbhanga.
6. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwarnagar, Darbhanga.
7. The Governing Body of Amilal Babua Sanskrit Up-Shastri College, Khara
Budhana, District- Madhepura, Bihar, through its Secretary.
8. The Principal, Amilal Babua Sanskrit Up-Shastri College, Khara Budhana,
District- Madhepura, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushalesh Choudhary
For the Respondent/s : Mr. Kinkar Kumar, SC-9
Mr. Shashank Shekhar, AC to SC-9
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i). For issuance of an appropriate writ (s)/
rule(s) /direction(s) in the nature of Mandamus
commanding the respondent concerned, for
Patna High Court CWJC No.2007 of 2026(2) dt.09-02-2026
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payment of salary and allowances with statutory
interest to the petitioner no.1, for the period of
01.03.2013 till 28.02.2015, because the petitioner
was schedule to retire on 28.02.2013, after
attaining the age of 60 years, from the post of
Assistant Teacher from Amilal Babua Sanskrit UP-
Shashtri College, Khara Budhana, District-
Madhepura, Bihar, (hereinafter referred as the
College), but as the government has decided to
enhance the retirement age of such Up-Shastri
College teachers up0to 62 years, therefore, the
petitioner was superannuated from service on
28.02.2015, after attaining the age of 62 years, and
he has performed his service up-to 28.02.2015,
regularly, but salary and allowances for the
aforesaid period i.e. 01.03.2013 to 28.02.2015 has
not been given to him.
(ii) For grant of other relief / reliefs, to which the
petitioners may found entitled, on the facts and
circumstances of the case.
3. Learned counsel for the petitioner by referring to
the notification issued by the Registrar, Kameshwar Singh
Darbhanga Sanskrit University, Darbhanga, submits that in
respect of the teachers of Up-Shashtri level, their age of
superannuation has been extended from 60 to 62 years. While,
the petitioner has already discharged their duties till the
extended period of superannuation, but for no obvious reason,
his salary has not been paid.
4. In order to buttress his submissions, he has taken
this Court to the judgment rendered by a Co-ordinate Bench
Patna High Court CWJC No.2007 of 2026(2) dt.09-02-2026
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decision in C.W.J.C. No.7009 of 2013, Gulab Jha v.
Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga and Others and C.W.J.C. No.10195 of 2022, Md.
Ataur Rahman and Others v. The Union of India and Others,
which has been rendered with respect to the University in
question.
5. On the other hand, learned counsel for the University
and learned counsel for the State submits that the petitioner may
be directed to file a representation showing his bona fide and as
also the documents pertaining to discharge of duties, having been
made by this petitioner along with the judgment which has already
dealt with the issue in question.
6. Considering the submission of the parties, this Court
is of the view that the representation shall be made by the petitioner
to the Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga, appending all documents along with a copy of this
order, within a period of four weeks, which shall be adjudicated
within a period of eight weeks from the date representation and if
on adjudication, it is found that the claim of this petitioner is
justified, then the benefits shall also be extended to him within
the same time.
7. Needless to say that if the petitioner is entitled to
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any revision in pay, a separate representation shall be made
within the time so allowed and on filing of such application /
representation, the grievance of the petitioner shall be
considered along with the claim of salary within the same period
and the entire grievance of the petitioner, shall be given quietus
by passing appropriate order.
8. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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