Patna High Court
Prof. (Dr.) Surendra Prasad @ Dr. Surendra AnalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the Registrar of Tilkamanjhi Bhagalpur University to consider the petitioner’s claim per the One‑Man Committee’s recommendation within six weeks and to grant the benefits if found justified.
Summary
The petitioner, Prof. Surendra Prasad, filed a writ petition seeking a mandamus directing the State of Bihar and Tilkamanjhi Bhagalpur University to recognize his appointment date as 11‑07‑1978 and to pay consequent service benefits and salary arrears. The petition relied on an order dated 18‑03‑2013 which had referred teachers' qualifying service periods to a One‑Man Committee headed by Justice S.N. Jha, whose report (Case No.58, T.M.B.U.) recommended the petitioner’s promotion and benefits. The petitioner argued that the university had not acted on the Committee’s report despite a representation filed on 24‑07‑2025. The university counsel contended that the matter was pending before the Registrar and should be considered in line with the Committee’s recommendations. The Court held that the Registrar must examine the petitioner’s claim in accordance with the Committee’s report within six weeks and, if justified, grant the entitled benefits. Consequently, the writ petition was disposed of after the direction was issued.
Issues considered
- Whether the Registrar of Tilkamanjhi Bhagalpur University is obligated to act on the One‑Man Committee’s recommendation and grant the petitioner’s service benefits.
- Whether a writ of mandamus can be issued directing the university and the State to recognize a retrospective appointment date and pay salary arrears.
- Whether the passage of time bars reconsideration of the petitioner’s appointment date for the purpose of promotion and benefits.
Subjects
- appointment date
- service benefits
- mandamus
- one‑man committee
- higher education
- public service
- retrospective appointment
- university staff
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20990 of 2025
======================================================
Prof. (Dr.) Surendra Prasad @ Dr. Surendra Anal Son of Late Satya Narayan
Poddar, Resident of Mohalla- Balkrishna Nagar (Surkhikal), Tilkamanjhi,
Police Station- Barari, Town and District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director, Higher Education, Education Department, Government of
Bihar, New Secretariat, Patna.
3. The Auditor, Tilkamanjhi Bhagalpur University, Bhagalpur.
4. The Tilkamanjhi Bhagalpur University, Bhagalpur through its Registrar.
5. The Vice Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur.
6. The Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur.
7. The Finance Officer, Tilkamanjhi Bhagalpur University, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar. Advocate
For the T.M.B.U. : Mr. Ashhar Mustafa, Advocate
Ms. Anita Kumari, Advocate
For the Respondent/s : Mr. Government Advocate (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-01-2026 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 a writ of mandamus or
any appropriate writ, order or direction
commanding the respondents to consider the date
of petitioner's appointment w.e.f. 11.07.1978 in
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place of 01.01.1981 and to pay the consequential
service benefits to him as earlier directed by this
Hon'ble Court in the light of the findings of one
man committee constituted on the direction of this
Hon'ble Court.
II. For issuance of a writ of mandamus or
any appropriate writ, order or direction
commanding the respondents to pay the arrears/
difference of salary considering his date of
appointment from 11.07.1978.
III. For issuance of a writ order or
directions commanding the respondents for grant
of any relief or reliefs to which the petitioner may
be deemed entitled by this Hon'ble Court.
3. Learned counsel for the petitioner submits that
pursuant to the order dated 18.03.2013 passed in a batch of writ
petitions, that is C.W.J.C. No.10032 of 2009 and analogous
cases, the Co-ordinate Bench of this Court, with consent of the
parties, had referred the matter of the colleges/universities
teachers regarding determination of their qualifying period of
service for the purpose of benefit of increment and promotion
to One Man Committee headed by Hon’ble Mr. Justice S.N.Jha,
by passing the following orders and the relevant portion of the
said order dated 18.03.2013 is reproduced hereunder :-
“The term of reference of Justice Jha would
be for determining the qualifying period of service
of each and every teacher on whom notices have
been served or action taken in furtherance to the
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observation of the High Court in the earlier
Orders. It is made clear that no deliberation and
exercise would be required to be made on the
correctness or otherwise of the appointment or
entry into service at the thresh-hold though it will
have relevance to the above determination and
exercise. The issue of validity of appointments
cannot be racked up now after more than two to
three decades and there is an inherent presumption
with regard to their continuance, taking into
consideration the long span of service rendered by
them. Justice Jha, however, would be obliged to
give a hearing to the petitioners / teachers or their
counsels and the university and the State
Authorities are also free to assist Justice Jha in
resolving an issue which has been pending for
many many years due to protracted litigation. The
Court leaves it to Justice Jha to make appropriate
request or direction for the kind of logistics or
support which he requires from the State
Government for completing the task being
conferred upon him by this Court."
4. It has next been submitted that One Man
Committee headed by Hon’ble Mr. Justice S.N. Jha, has
considered the case of this petitioner vide Case No.58
(T.M.B.U.) and found the case of this petitioner for
consideration of merit promotion and other benefits for which
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the reference was made and the report which finds favour to this
petitioner, has been appended as Annexure-P/6, to the writ
petition.
5. From the records, it appears that, the report of One
Man Committee headed by Hon’ble Mr. Justice S.N.Jha, which
was constituted under the orders of this Court, has already been
tabled for consideration and it would be in fitness of things that
the concerned authorities should now take a final decision with
regard to the claim of this petitioner, for which, a detailed
representation has already been placed before the Registrar,
T.B.M.U on 24.07.2025, which till date, has not been
adjudicated.
6. On the other hand, learned counsel for the
University submits that since the report has already been tabled
and the representation for consideration is pending before the
Registrar, T.B.M.U. and hence, the matter may be directed for
appropriate consideration in terms of the report submitted by
One-Man Committee headed by Hon’ble Mr. Justice S.N.Jha.
7. Considering the submissions of the parties, this
Court finds it appropriate to direct the Registrar, T.B.M.U., to
consider the claim of this petitioner for grant of benefits, for
which this petitioner is entitled, in terms of the recommendation
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of the One Man Committee headed by Hon’ble Mr. Justice
S.N.Jha, within a period of six weeks and if the claim of the
petitioner is found justified, then the benefit which accrues to
this petitioner shall also be extended in his favour, within the
same time.
8. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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