Patna High Court
Amarnath JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner must first make a representation to the Registrar with supporting documents, after which the claim will be adjudicated, and therefore disposed the writ petition.
Summary
Amarnath Jha, a former lecturer, retired on 31‑07‑2009 at age 60 but continued in service until 31‑07‑2011 after the government extended the retirement age for Up‑Shastri teachers to 62. He filed a writ petition seeking a mandamus directing the university and the State to pay his salary and allowances with interest for the period 01‑08‑2009 to 31‑07‑2011. The petitioner relied on a university notification and earlier judgments (Gulab Jha (2013) and Md Ataur Rahman (2022)). The respondents argued that the petitioner must first file a representation with the Registrar, furnishing proof of service. The Court ordered the petitioner to submit such a representation within four weeks and directed that the claim be adjudicated within eight weeks, after which any due benefits should be paid. The writ petition was consequently disposed without an immediate order for payment.
Issues considered
- Whether the petitioner is entitled to salary and allowances for the period after the retirement‑age extension.
- Whether the court can grant mandamus for payment without the petitioner first making a representation to the university.
Subjects
- salary
- superannuation
- retirement age extension
- mandamus
- writ petition
- higher education
- representation
- grievance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2396 of 2026
======================================================
Amarnath Jha son of Late Gangadhar Jha, resident of Village-Khara via-
Udakishunganj, P.O.-Khara Budhama, Ward No.01, District-Madhepura,
Bihar, Pin Code-852210.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Higher Education
Department, Vikash Bhawan, New Secretariat, Patna, Pin Code-800015.
2. The Director, Higher Education Department, Vikash Bhawan, New
Secretariat, Patna, Pin Code-800015
3. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
Darbhanga through its Registrar.
4. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
5. The Registrar, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
6. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
7. The Governing Body of A.B. Sanskrit Up-Shastri College, Khara Budhana,
District-Madhepura, Bihar, through its Secretary.
8. The Principal, A.B. Sanskrit Up-Shastri College, Khara Budhana, District-
Madhepura, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushalesh Choudhary
For the Respondent/s : Mr.Standing Counsel (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-02-2026 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 an appropriate writ (s)/
rule(s) /direction(s) in the nature of Mandamus
commanding the respondent concerned, for
Patna High Court CWJC No.2396 of 2026(2) dt.12-02-2026
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payment of salary and allowances with statutory
interest to the petitioner, for the period of
01.08.2009 till 31.07.2011, because the petitioner
was schedule to retire on 31.07.2009, after
attaining the age of 60 years, from the post of
Lecturer in subject of Political Science from Amilal
Babua Sanskrit UP-Shashtri College, Khara
Budhana, District- Madhepura, Bihar, (hereinafter
referred as the College), but as the government has
decided to enhance the retirement age of such Up-
Shastri College teachers up0to 62 years, therefore,
the petitioner was superannuated from service on
31.07.2011, after attaining the age of 62 years, and
he has performed his service up-to 31.07.2011,
regularly, but salary and allowances for the
aforesaid period i.e. 01.08.2009 to 31.07.2011 has
not been given to him.
(ii) For grant of other relief / reliefs, to which the
petitioners may found entitled, on the facts and
circumstances of the case.
3. Learned counsel for the petitioner by referring to
the notification issued by the Registrar, Kameshwar Singh
Darbhanga Sanskrit University, Darbhanga, submits that in
respect of the teachers of Up-Shashtri level, their age of
superannuation has been extended from 60 to 62 years. While,
the petitioner has already discharged their duties till the
extended period of superannuation, but for no obvious reason,
his salary has not been paid.
4. In order to buttress his submissions, he has taken
this Court to the judgment rendered by a Co-ordinate Bench
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decision in C.W.J.C. No.7009 of 2013, Gulab Jha v.
Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga and Others and C.W.J.C. No.10195 of 2022, Md.
Ataur Rahman and Others v. The Union of India and Others,
which has been rendered with respect to the University in
question.
5. On the other hand, learned counsel for the University
and learned counsel for the State submits that the petitioner may
be directed to file a representation showing his bona fide and as
also the documents pertaining to discharge of duties, having been
made by this petitioner along with the judgment which has already
dealt with the issue in question.
6. Considering the submission of the parties, this Court
is of the view that the representation shall be made by the petitioner
to the Registrar, Kameshwar Singh Darbhanga Sanskrit University,
Darbhanga, appending all documents along with a copy of this
order, within a period of four weeks, which shall be adjudicated
within a period of eight weeks from the date representation and if
on adjudication, it is found that the claim of this petitioner is
justified, then the benefits shall also be extended to him within
the same time.
7. Needless to say that if the petitioner is entitled to
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any revision in pay, a separate representation shall be made
within the time so allowed and on filing of such application /
representation, the grievance of the petitioner shall be
considered along with the claim of salary within the same period
and the entire grievance of the petitioner, shall be given quietus
by passing appropriate order.
8. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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