Patna High Court
Ramesh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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
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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
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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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