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Patna High Court

Ramesh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to the arrears of salary as per the 2015 resolution and ordered the university to process his representation and pay the amount within eight weeks.

Summary

The petitioner, a retired government employee, was appointed on a contractual basis at Veer Kunwar Singh University and claimed arrears of salary amounting to Rs. 5,56,115 under a 2015 government resolution governing remuneration of contractual staff. He alleged that, unlike similarly situated persons, he was denied payment despite the resolution and a 2021 letter reiterating its guidelines. The respondents argued that the petitioner had already filed a representation for redress, which should be considered by the competent authority. The court examined the provisions of the 2015 resolution, the 2021 letter, and the pending representation, and concluded that the petitioner is entitled to the claimed amount. Accordingly, the court directed the university registrar to process the representation and release the dues, with interest, within eight weeks. The writ petition was thereafter disposed.

Issues considered

  • Whether the petitioner is entitled to salary arrears under the 2015 Government of Bihar resolution for contractual employees.
  • Whether the court can direct the university to consider the petitioner's representation and pay the dues within a specified period.
  • Whether the filing of a representation by the petitioner bars the writ petition.

Subjects

  • contractual employment
  • salary arrears
  • government resolution
  • public university
  • writ petition
  • discrimination
  • interest on dues

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.21032 of 2025
     ======================================================
     Ramesh Prasad s/o Late Gourishankar Sao, Resident of Mohalla- Mohanlal
     Agrawal, Bartan Dukan, Thakurbari Road, Kadamkuan, PS- Kadamkuan,
     District-Patna- 800003.
                                                               ... ... 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.
                                      Mr. Shashank Kashyap, Adv.
                                      Mr. Kumar Gaurav, Adv.
                                      Ms. Sheshadri Kumari, Adv.
                                      Ms. Ishiqua Raj, Adv.
     For the Respondent/s   :         Mr. Bimal Kishore Singh, Adv.
                                      Mr. Rajesh Prasad Chaudhary, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 06-01-2026

                    Heard the parties.

                    2. Invoking the jurisdiction of this Court, the

      petitioner has sought the following reliefs:-

                                           “(i) For issuance of writ in the
                                nature of command directing the
                                respondents particularly respondent no. 4
                                to 6 to make payment of the arrears of
                                salary/honorarium to the tune of Rs.
                                5,56,115/- for the work discharge by the
                                petitioner on contractual basis for the
Patna High Court CWJC No.21032 of 2025 dt.06-01-2026
                                           2/4




                                 period from 15.07.2024 to 14.06.2025 as
                                 per the provisions contained in Clause 6
                                 of the “Sankalp issued by the General
                                 Administration Department, Government
                                 of Bihar contained in memo no. 3/M-
                                 63/2013 G.A 10000/Patna-15 dated
                                 10.07.2015 under the signature of the
                                 Additional Chief Secretary to the
                                 Government, General Administration
                                 Department, Government of Bihar, Patna
                                 on the order of Governor of Bihar.
                                           (ii) For issuance of writ in the
                                 nature of command directing the
                                 respondent to make payment of the
                                 aforesaid amount along with interest @
                                 18% per annum to the petitioner w.e.f
                                 15.07.2024 till the final payment.
                                            (iii) For issuance of any other
                                 order/orders, writ/writs for which
                                 petitioner deemed entitled to.”

                     3. The petitioner, after having successfully discharged his

         services,     finally   superannuated         on   31.01.2020   as Assistant

         Director/Senior Auditing Officer 2. On being found eligible, the

         petitioner was duly appointed on contractual basis with effect from

         15.07.2024, in the office of the Registrar, Veer Kunwar Singh

         University, Arrah on the direction of the Vice Chancellor of the

         University.

                     4. Mr. Ranjan Kumar Dubey, learned Advocate for the

         petitioner submitted that the very appointment of the petitioner on

         contractual basis was made in terms with the prescription of Memo

         No. 3/M-63/2013 G.A. 10000/Patna-15 dated 10.07.2015, issued

         under the signature of the Additional Chief Secretary of the
Patna High Court CWJC No.21032 of 2025 dt.06-01-2026
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         Government, General Administration Department, Government of

         Bihar, Patna. Bare perusal of Clause 6(i) and 6(iv) of the aforenoted

         resolution dated 10.07.2015, it is evident that the government

         employee appointed/engaged on contractual basis will be paid the

         monthly remuneration, after deducting the pension amount and the

         dearness allowance being paid on the pension at the time of his

         retirement from the last pay drawn by the employee, after adding the

         dearness allowance being paid to the retired employee on the last pay

         drawn by him.

                     5. The aforesaid facts also got strengthened in view of the

         letter bearing no. TBMU-06/2021-216 dated 12.02.2021, addressed

         to all the Vice Chancellors/Registrars of the University, directing

         them to follow the guidelines mentioned in resolution dated

         10.07.2015, with respect to payment of remuneration/salary to those

         employees, who have been appointed on contractual basis. It is

         further contended that identically situated person, who has

         approached this Court for similar relief in CWJC No. 15001 of 2021,

         he has been allowed remuneration in terms with the government

         resolution dated 10.07.2015, however, discrimination has been

         caused to the petitioner. Notwithstanding the aforesaid facts, the

         petitioner has not been allowed due remuneration/honorarium in

         terms with the provisions of resolution dated 10.07.2015. Hence, the

         present writ petition.

                     6. Learned Advocate for the State and the University fairly
             Patna High Court CWJC No.21032 of 2025 dt.06-01-2026
                                                        4/4




                      submitted that since the petitioner has already filed a representation

                      for redressal of his grievance, the same would be considered by the

                      competent authority.

                                  7. Having considered the fair submissions of learned

                      Advocate for the respective parties and taking note of the materials

                      available on record, this Court deems it apt and proper to dispose off

                      the writ petition with a direction to the Registrar of the Veer Kunwar

                      Singh University, Arrah to take up the representation of the

                      petitioner, the copy of which is placed on record as Annexures P/8

                      and P/9 and dispose of the same, in the light of the resolution bearing

                      No. 3/M-63/2013 G.A. 10000/Patna-15 dated 10.07.2015 as well as

                      Letter No. TBMU-06/2021-216 dated 12.02.2021 and further Letter

                      no. 15/M 1-75/2015-3655 dated 30.09.2023, preferably within a

                      period of eight weeks, from the date of receipt/production of a copy

                      of this order.

                                  8. Suffice it to observe that if the claim of the petitioner

                      finds favour, necessary consequential monetary benefits must be

                      accorded to him within the period prescribed.

                                  9. The writ petition stands disposed off.


                                                  (Harish Kumar, J)
shivank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.01.2026
Transmission Date       NA


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