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Patna High Court

Dayakant TrivediversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
                                           2/3




          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
                                                     3/3




                    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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