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Patna High Court

Punil Kumar JhaversusDr. Rajendra Prasad Central Agricultural University

Decided
Disposal
DISPOSED

Holding

The court directed the university registrar to decide the petitioner's claim in accordance with the Mukesh Prasad Singh precedent and disposed of the writ petition.

Summary

Petitioner Punil Kumar Jha filed a writ petition seeking a certiorari to quash an order dated 9 July 2021 and a mandamus directing the university to include him in its pension, gratuity, and superannuation schemes. The petitioner relied on the precedent set in Mukesh Prasad Singh v. Dr. Rajendra Prasad Central Agricultural University (SLP (C) No. 4644 of 2023). The court examined whether the earlier decision applied and directed the university registrar to adjudicate the claim in strict conformity with that precedent. It ordered that if the claim is justified, appropriate orders be issued within six weeks. The petition was subsequently disposed without a substantive ruling on the merits.

Issues considered

  • Whether the petitioner is entitled to be included in the university's pension, gratuity, and superannuation schemes.
  • Whether the order dated 9 July 2021 should be quashed.
  • Whether a writ of mandamus is appropriate to compel the university to grant the pension benefits.

Subjects

  • Writ of Certiorari
  • Writ of Mandamus
  • Pension Scheme
  • University Employees
  • Administrative Law
  • Precedent
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2033 of 2026
                 ======================================================
                 Punil Kumar Jha Son of Late Bibhuti Bhushan Jha@ Late Vibhuti Bhushan
                 Jha R/o-Mohalla-Shantipuri, Station Road, Motihari, P.S.-Motihari Nagar,
                 District-East Champaran.

                                                                         ... ... Petitioner/s
                                                    Versus
           1.    Dr. Rajendra Prasad Central Agricultural University through its Registrar
                 having office at Pusa, Samastipur.
           2.    The Vice-Chancellor, Dr. Rajendra Prasad Central Agricultural University,
                 Pusa, Samastipur.
           3.    The State of Bihar through Agriculture Produce Commissioner cum
                 Principal Secretary, Agriculture, Govt. of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Sri Niwas Jha
                 For the State           :        Mrs.Puspanjali Sharma, AC to SC 20
                 For the University      :        Mr.Vijay Shankar Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-02-2026                     In the instant petition, petitioner has prayed for the

                   following relief(s):-

                                                        “That this is an application for
                                             issuance of a Writ of Certiorari to quash the
                                             order dated 09th July 2021 (Annexure-P/3)
                                             and a Writ of Mandamus to command the
                                             respondents to include petitioner under
                                             pension scheme of the University entitling
                                             him to full pension and full gratuity and UP
                                             Fon Superannuation along with the General
                                             Provident Fund scheme and the petitioner
                                             may be granted any other relief and the Cost
                                             of this proceedings.”

                                 2. Counsel for the petitioner fairly submits that the

                   instant case is squarely covered in the case of (Mukesh Prasad

                   Singh vs. Dr. Rajendra Prasad Central Agricultural University
           Patna High Court CWJC No.2033 of 2026(2) dt.12-02-2026
                                                       2/2




                     & Ors.) passed in SLP (C)No. 4644 of 2023. On the other hand,

                     counsel representing Dr. Rajendra Prasad Central Agricultural

                     University submits that if the case of this petitioner is covered

                     by Mukesh Prasad Singh (supra) then necessary order shall be

                     passed in this regard.

                                 3. Considering the submission, Respondent No. 1 –

                     Registrar, Dr. Rajendra Prasad Central Agricultural University,

                     Pusa, is directed to adjudicate the claim of this petitioner strictly

                     in consonance with the parameters fixed by the Hon’ble Apex

                     Court in the case of Mukesh Prasad Singh (supra) and if the

                     case is found justified, then necessary orders shall be passed

                     within a period of six weeks.

                                 4. Accordingly, the instant writ petition stand disposed

                     of.



                                                  (Ajit Kumar, J)
abhishekkr/-

U


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