Patna High Court
Dayakant TrivediversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition is dismissed and the Registrar of Veer Kunwar Singh University is directed to dispose of the petitioner’s pending representation within three months.
Summary
Dayakant Trivedi, a retired government employee, was re‑engaged on a contractual basis as Section Officer of Veer Kunwar Singh University. He alleged that the University failed to pay his contractual remuneration for three periods between April 2023 and January 2025, despite earlier having obtained a court order in 2025 directing payment of earlier arrears. The petitioner filed a writ petition seeking payment of the outstanding salary, attaching representations made to the Registrar and Vice‑Chancellor which remained pending. No representative appeared for the University, and the State counsel suggested that the Registrar should dispose of the pending representation. The Court, noting the nature of the prayer and the pending representation, dismissed the writ and directed the Registrar to decide the petitioner’s representation within three months, thereby disposing the petition. The order effectively placed the matter back with the University for administrative resolution.
Issues considered
- Whether a writ petition for payment of contractual salary arrears can be entertained when the petitioner’s representation before the University is still pending.
Subjects
- contractual employment
- arrears of salary
- writ jurisdiction
- university administration
- pending representation
- government resolution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20979 of 2025
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Dayakant Trivedi S/o Late Baleshwar Trivedi, Resident of Mohalla- Balmiki
Nagar, Gorhna Road Ara, PS- Nawada, District Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of
Education, New Secretariat, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, New Secretariat, Patna.
3. The Director Higher Education, Department of Education, Government of
Bihar, New Secretariat, Patna.
4. The Veer Kunwar Singh University, Arrah, through its Registrar.
5. The Vice Chancellor, Veer Kunwar Singh University, Arrah.
6. The Registrar, Veer Kunwar Singh University, Arrah.
7. The Finance Officer, Veer Kunwar Singh University, Arrah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Adv.
For the Respondent/s : Smt. Binita Singh, Sc28
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-01-2026 1. The petitioner has filed the present writ application
for payment of arrears of salary/honorarium for the period
01.04.2023 to 30.09.2023, 02.10.2023 to 01.09.2024 and
03.09.2024 to 31.01.2025 during which the petitioner was
discharging his duties in the University as Section Officer on
contractual basis.
2. Mr. Ranjan Kumar Dubey, learned counsel
appearing for the petitioner submits that petitioner was earlier
appointed as Assistant at Maharaja College and subsequently,
retired from the services of the University upon completion of
62 years on 31.12.2018. The Government of Bihar, General
Administration Department, issued a resolution, dated
Patna High Court CWJC No.20979 of 2025(2) dt.06-01-2026
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10.07.2015, in which there was a provision for engagement of
retired government employees in different government
department and other offices in the district etc. As per the
resolution, the government employee re-appointed/engaged on
contract basis would be paid a monthly remuneration after
deducting the pension and the dearness allowance which is Rs.
76,572/- per month. The petitioner was earlier appointed on
31.01.2018 on contract basis by the University as Section
Officer and the petitioner discharged his duties as Section
Officer on contract basis till 31.01.2021. The
remuneration/salary was not paid to the petitioner for the
aforesaid period for which the petitioner approached this court
in C.W.J.C. No. 15001 of 2021, which was disposed vide order,
dated 07.08.2025, with direction to pay the salary/remuneration
with interest. Subsequently, thereafter, the petitioner was again
engaged/appointed on contractual basis starting from
01.04.2023 and the petitioner discharged his duties up till
31.01.2025.
3. According to the petitioner, he has not been paid
remuneration/salary for the period aforesaid starting from
01.04.2023 to 31.01.2025. Representations have been filed by
the petitioner before the Registrar as well as the Vice-Chancellor
Patna High Court CWJC No.20979 of 2025(2) dt.06-01-2026
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of the University, a copy of which have been annexed at
Annexure 9 to 12.
4. No one appears for the University.
5. Learned counsel for the State submits that Registrar
of the University may be directed to dispose the representation
of the petitioner in accordance with law.
6. Considering the nature of prayer made in the writ
application and the fact that the representation of the petitioner
is still pending, accordingly, this writ application is disposed
with direction to the Registrar of the Veer Kunwar Singh
University to dispose the representation of the petitioner at
Annexure 9, in accordance with law, within a period of three
months from the date of receipt/production of a copy of this
order.
7. With the aforesaid direction, the present writ
application stands disposed.
(Anil Kumar Sinha, J)
HarshPandey/-
U
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