Patna High Court

Kaushal Kumar MandalversusThe State of Bihar

Decided: 9 February 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The writ petition is disposed, with the petitioners directed to file a fresh representation within four weeks and the Registrar ordered to consider the claim and pass a reasoned order for payment of salary and allowances.

Summary

Three Class‑IV employees of Upshastri Sanskrit College filed a writ petition seeking payment of salary, statutory interest and allowances from the date of their appointment on 2 September 2020, alleging that the State Government had released the requisite funds but the University had not disbursed them. The petition relied on earlier Patna High Court judgments (CWJC 9726 2017, affirmed by the Supreme Court in SLP Civil 23489 2019) and subsequent orders in CWJC 6011 2025, CWJC 6230 2025 and CWJC 14418 2025 directing payment. The University sought an adjournment to file a counter‑affidavit. The Court, after noting the limited grievance and the precedent that the University must act on the released funds, disposed of the writ, granting the petitioners a four‑week period to file a fresh representation with a copy of the order, and directing the Registrar to consider the claim and pass a reasoned order. If the claim is found in favour, the salary and allowances must be paid within the stipulated period.

Issues considered

Whether the University is liable to pay salary and allowances to the petitioners from the date of appointment despite the release of funds by the State Government.
Whether a writ of certiorari is the appropriate remedy for the petitioners' grievance.
Whether the petitioners must file a fresh representation for the University to consider their claim.

Subjects

salary payment
allowances
public university
government employees
writ of certiorari
fund release
administrative law

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2141 of 2026
======================================================
1. Kaushal Kumar Mandal son of Anand Chandra Mandal, resident of Village
and P.O.- Pindaruch, House No. 54, Ward no. 7, P.S.- Kamtaul, District-
Darbhanga, Pin Code- 847306, at present working as Class-IV employee
(Night Guard), in Upshastri Sanskrit College, Pindaruch, District -
Darbhanga
2. Deepak Kumar Mishra son of Pawan Kumar Mishra, resident of Village-
Ladari, P.O.-Samaila Lalganj, Anchal and P.S.-Keoti, District- Darbhanga,
Pin Code-847121, at present working as Class-IV employee (peon), in
Upshastri Sanskrit College, Pindaruch, District - Darbhanga.
3. Bhola Manjhi son of Ram Kalewar Manjhi, resident of Village- Shisho Dih,
P.O.- Siso, P.S.- Sadar, District- Darbhanga, Pin Code- 846005, at present
working as Lower Division Clerk in Upshastri Sanskrit College, Pindaruch,
District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Vikash Bhawan
New Secretariat, Bihar, Patna.
3. The Secretary, Higher Education, Education Department, Vikash Bhawan
New Secretariat, Government of Bihar, Patna.
4. The Deputy Secretary, Higher Education, Education Department, Vikash
Bhawan New Secretariat, Government of Bihar, Patna.
5. The Special Secretary, Higher Education, Education Department, Vikash
Bhawan New Secretariat, Government of Bihar, Patna.
6. The Director, Higher Education, Education Department, Vikash Bhawan
New Secretariat, Government of Bihar, Patna.
7. The In-charge, Pay Verification Cell, Education Department, Government of
Bihar, Patna.
8. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
Darbhanga through its Registrar.
9. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
10. The Registrar, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
11. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
12. The Secretary, Upshastri Sanskrit College, Pindaruch, District - Darbhanga.
13. The Principal, Upshastri Sanskrit College, Pindaruch, District - Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushalesh Choudhary, Adv.
For the Respondent/s : Mr. Ramadhar Singh, GP-25
Patna High Court CWJC No.2141 of 2026(2) dt.09-02-20262026
2/6

======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER

2 09-02-2026 Learned Advocate for the respective parties are

present.

2. The petitioner nos. 1 and 2 are Class-IV employee,

whereas petitioner no. 3 is a Lower Division Clerk of Upshastri

Sanskrit College, Pindaruch, Darbhanga who have approached

this Court for the following reliefs:-

“i. For issuance of an
appropriate writ in the nature of
CERTIORARI, commanding the
concerned respondents for payment of
salary with statutory interest and all
admissible allowances to all the three A
(3) petitioners from the date of their
joining i.e. from 02.09.2020, as all the
three petitioners were appointed on
29.08.2020, as the petitioner no.1 was
appointed as Class- IV employee (Night
Guard) by the Secretary of the Governing
Body of Upshastri Sanskrit College,
Pindaruch, District Darbhanga, vide
letter no. USMP/S/R-166/ 2020 dated
29.08.2020, whereas the petitioner no.2
was appointed as Class-IV (peon) by the
Secretary of the Governing Body of
Upshastri Sanskrit College, Pindaruch,
District-Darbhanga, vide Letter No.
USMP/S/R-165/2020 dated 29.08.2025
and the petitioner no. 3 was appointed as
Lower Division Clerk by the Secretary of
the Governing Body of Upshastri Sanskrit
College, Pindaruch, District -
Darbhanga, vide letter no. USMP/S/R-
164/2020 dated 29.08.2020. Though, all
the three petitioners have submitted their
Patna High Court CWJC No.2141 of 2026(2) dt.09-02-20262026
3/6

joining on 02.09.2020 and since then they
have been performing their service,
regularly, but salary and allowances has
not been paid to them, by the University,
though the required fund has already
been released by the State Government,
for the financial year 2023-24, 2024-25,
2025-26, on the basis of the requisition /
budget sent by the University mentioning
the names of all the three petitioners.
ii. For issuance of appropriate
direction to the respondents 1 set
commanding them to issue direction to
respondents 2nd set, forpayment of salary
and allowances to all the three (3)
petitioners, since 02.09.2020.
iii. For grant of other relief /
reliefs, to which the petitioners may found
entitled, on the facts and circumstances of
the case.”

3. Learned Advocate for the petitioners adverting to

the facts submitted that the college, in question, is a deficit grant

affiliated Inter College, under Kameshwar Singh Darbhanga

Sanskrit University, Kameshwarnagar, Darbhanga (in short,

“University”) and the petitioners have been discharging their

duties as Class-IV employees/Lower Division Clerk and a duly

covered with a Triple Benefit Schemes as also the employees of

such colleges are eligible for pay scale and its retiral benefits,

equivalent to the employees of the constituent College as well as

employees of the University.

4. The aforesaid issue has also been considered and

set at rest by a Bench of this Court in CWJC No. 9726 of 2017,
Patna High Court CWJC No.2141 of 2026(2) dt.09-02-20262026
4/6

which has been duly affirmed up to the Apex Court in SLP

(Civil) No. 23489 of 2019. Based upon the aforenoted decisions,

the Registrar of the University has also issued Notification No.

950 dated 26.06.2021.

“5. Notwithstanding the aforesaid
fact, when the identically situated persons have
not been allowed the salary and other benefits,
despite the appropriate fund having been
released by the State Government, they have
approached this Court in C.W.J.C. No. 6011 of
2025. The learned Single Judge having
considered the materials available on record
has been pleased to hold as follows:
“6. Learned
counsel appearing on behalf of
the University informs that after
verification, as to whether, the
amount which has been released
is earmarked in respect of
payment of salary of the
petitioner and if it is found that
the allotted fund also includes
for required payment of salary
etc. of the petitioner, the same
will be paid to the petitioner
forthwith.
7. It is expected
from the Registrar of the
University that he must not
delay for any reason or for his
any personal intent. He must
release after verifying from the
information relating to the
petitioner and the information
which has been brought on
record in the present writ
petition.
8. In view of the
information given by the
Patna High Court CWJC No.2141 of 2026(2) dt.09-02-20262026
5/6

learned State counsel that the
fund has already been released,
the payment must be made to
the petitioner forthwith, not
beyond a period of one week.”

5. It is further contended that identically situated

persons have further approached this Court and their cases have

also been disposed of in identical terms. Two of the orders

passed by the coordinate Bench as well as this Court in

C.W.J.C. No.6230 of 2025 and further in C.W.J.C. No. 14418 of

2025 have also been placed on record.

6. Referring to the afore noted orders passed by a

coordinate Bench of this Court, learned Advocate for the

petitioners thus contended that the cases of the petitioners are

entirely covered with the aforesaid decisions and the Registrar

of the University is also obliged to take a final decision in the

matter of the claim of the petitioners, since necessary grants

have already been released by the State Government.

Irrespective of the aforesaid facts and the petitioners have been

performing their duty regularly since the very date of

appointment, but they are being deprived from their due their

salary.

7. On the other hand, learned Advocate for the

University has submitted that for proper adjudication of the

matter, a short adjournment is required so that he may file a
Patna High Court CWJC No.2141 of 2026(2) dt.09-02-20262026
6/6

counter affidavit.

8. Having considered the limited grievance of the

petitioner with respect to due payment of salary and other

allowance for the period based upon the decision rendered by

this Court, this Court deems it apt and proper to dispose off the

writ petition in the light of the discussions made hereinabove,

extending the liberty to the petitioners to file a fresh

representation along with the copy of this order, preferably

within a period of four weeks.

9. In case such a representation is filed, the Registrar

of the University shall consider the claim of the petitioner(s), as

prayed for in the writ petition, and pass appropriate order, in

accordance with law, keeping in mind the parity sought for by

the petitioner especially the petitioners of CWJC No. 6011 of

2025 and pass a reasoned and speaking order.

10. Suffice it to observe that in case, all the claims of

the petitioner(s) finds favour, consequential monetary benefits

be already accorded to them, within the stipulated period.

11. The writ petition stands disposed off.

(Harish Kumar, J)
shivank/-

Continue reading with your account

Checking your session…