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Patna High Court

Smt. Krishna DeviversusThe Magadh University, Bodh Gaya

Decided
Disposal
DISPOSED

Holding

The court held that the Registrar of Magadh University must consider the petitioner's claim and extend all consequential benefits within ten weeks, thereby granting the relief sought through mandamus.

Summary

Smt. Krishna Devi, a widow of a former Magadh University lecturer, filed a writ petition seeking a mandamus directing the university to fix her promotion date to Reader as of 01‑08‑1987 and to grant arrears arising from the rectified service dates of her late husband. She relied on a 2020 university memo that revised her husband's date of absorption and confirmation to 01‑08‑1977, following the S.C. Agarwal Commission recommendations and a 2018 State Government order. The university argued for an adjournment to file a counter‑affidavit. The court, after reviewing the memos and letters, ordered the Registrar of Magadh University to consider the petitioner's claim and extend all consequential benefits within ten weeks, emphasizing the petitioner's age and hardship. The writ petition was consequently disposed.

Issues considered

  • Whether the university is obligated to fix the promotion date of the petitioner in accordance with the revised service date of her late husband.
  • Whether the petitioner is entitled to arrears and other benefits arising from the rectified promotion date.
  • Whether a writ of mandamus is the appropriate remedy to compel the university to act.

Subjects

  • writ of mandamus
  • promotion
  • service benefits
  • university administration
  • widow's rights
  • rectification of service date
  • higher education
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2874 of 2025
                 ======================================================
                 Smt. Krishna Devi Wife of Upendra Sharma Resident of Village- Nimsar,
                 P.O.- Nimsar, P.S.- Alipur, District- Gaya.

                                                                ... ... Petitioner/s
                                              Versus
           1.    The Magadh University, Bodh Gaya through its Registrar, Magadh
                 University, Bodh Gaya, Gaya.
           2.    The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
           3.    The Director, Higher Education, Bihar, Patna.
           4.    The Vice- Chancellor, Magadh University, Bodh- Gaya.
           5.    The Registrar, Magadh University, Bodh- Gaya, Gaya.
           6.    The Finance Officer, Magadh University, Bodh- Gaya, Gaya.
           7.    The Principal, Ram Lakhan Singh Yadav College, Aurangabad.
           8.    Section Officer, Teachers Promotion Cell, Magadh University, Bodh Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Praveen Kumar, Adv.
                 For the Respondent/s   :     Mr. Government Pleader-20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   02-02-2026                 Heard learned Advocate for the petitioner and the

                   learned Advocate for the University.

                               2. A hapless widow of the erstwhile employee of the

                   University has approached this Court seeking following reliefs:-

                                                       I. For issuance of a writ in the
                                                       nature of writ of mandamus
                                                       commanding the Respondents for
                                                       fixing the date of promotion (time
                                                       bound) of the petitioner to the post
                                                       of Reader from the post of
                                                       Lecturer as 01.08.1987 after
                                                       completion of 10 years of service
                                                       as lecturer in tune with the order
                                                       of the Hon'ble Vice-Chancellor,
Patna High Court CWJC No.2874 of 2025(2) dt.02-02-2026
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                                                  Magadh University, Bodh Gaya
                                                  contained       in      Memo       No.
                                                  G.S.1.D/14/2020                  dated
                                                  12.02.2020 whereby the date of
                                                  absorption and confirmation of
                                                  the late husband of the Petitioner
                                                  to the post of lecturer was rectified
                                                  in     accordance         with     the
                                                  recommendation of the Hon'ble
                                                  Justice S.C. Agrawal Commission
                                                  report with effect from the date of
                                                  joining, that is, from 01.08.1977.
                                                  II. For directing the respondent to
                                                  pay the benefits / arears to the
                                                  Petitioner arising/accruing out of
                                                  the change in date of time bound
                                                  promotion given to the late
                                                  husband (Sri Upendra Sharma) of
                                                  the Petitioner, who had died on
                                                  09.07.1996 and was given
                                                  promotion to the post of Reader
                                                  with effect from 11.09.1991 by the
                                                  order contained in Memo No.-
                                                  PC/307/2011 of the Hon'ble Vice-
                                                  Chancellor, Magadh University,
                                                  Bodh Gaya after the decision
                                                  taken      vide        the      Memo
                                                  No.GS1D/324/09             on      the
                                                  absorption and confirmation of
                                                  the working teachers in Fourth
                                                  Phase      Constituent        Colleges
                                                  whereby the service of late
                                                  husband of the Petitioner, who
                                                  was working in Ram Lakhan
                                                  Singh Yadav College, Aurangabad
                                                  was confirmed with effect from
                                                  11.09.81.
                                                  III. For any other order/orders
                                                  granting           Any         further
                                                  consequential reliefs which may
                                                  be granted to the petitioner, which
                                                  your     lordships      deemed      fit
                                                  necessary, in the facts and
Patna High Court CWJC No.2874 of 2025(2) dt.02-02-2026
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                                                  circumstances of this case.
                      3. Learned Advocate for the petitioner referring to the

          order as contained in Memo No. G.S.1.D/14/2020 dated

          12.02.2020 submitted that consequent upon the direction of the

          State Government vide its order dated 03.04.2018 passed in

          compliance with the order of this Court dated 23.06.2015 in

          C.W.J.C. No. 21232 of 2014 and duly affirmed by the Hon’ble

          Supreme Court in CA No. 2794 of 2017 and further after getting

          proper approval of the Post Creation, Absorption and

          Confirmation Committee, the rectification in the date of

          confirmation made earlier vide letter dated 16.09.2009 and

          dated 19.09.2009 have been made. Accordingly, the date of

          absorption and confirmation of the petitioner’s husband is also

          rectified in deference with the recommendation of the Hon’ble

          S.C. Agarwal Commission. The date of absorption and

          confirmation in services of the husband of the petitioner has

          been revised from 11.09.1981 to 01.08.1977. In pursuant to the

          afore-noted notifications of the Magadh University, Bodh Gaya

          as contained in Memo No.G.S.1.D/14/2020 dated 12.02.2020,

          the Principal of the college vide his letter No. P28/21 dated

          25.01.2021 has forwarded an application for considering the

          promotion of the petitioner’s husband with effect from the

          revised date of confirmation of service from 01.08.1977, but, till
Patna High Court CWJC No.2874 of 2025(2) dt.02-02-2026
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          date, no consequential order and accrued benefit has been

          extended to her.

                       4. Learned Advocate for the petitioner further

          submitted that the notification was issued long back in the year

          2020 and now more than five years have been lapsed, but, till

          date, the petitioner who is a widow of the erstwhile employee,

          being forced to move from pillar to post for the admissible

          benefits.

                       5. Learned Advocate for the University prays for a

          short adjournment to seek instruction and file a counter

          affidavit.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the materials available on record, specially the copy of the

          Memo No. G.S.1.D/14/2020 dated 12.02.2020 and that of the

          letter no. 528/2021 dated 25.01.2021, the present writ petition

          stands disposed off with a direction to the Registrar of the

          Magadh University, Bodh Gaya to consider the claim of the

          petitioner for which a representation has also been filed and kept

          on record as Annexure P/9 and pass an appropriate order

          extending all the consequential benefits, preferably within a

          period of ten weeks’ from the date of receipt/production of a

          copy of this order, keeping in mind the recommendation of
             Patna High Court CWJC No.2874 of 2025(2) dt.02-02-2026
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                       Hon’ble S.C. Agarwal Commission and notification issued by

                       the University.

                                   7. Suffice it to observe that the petitioner is a widow

                       and a septuagenarian, who has been running around the

                       authorities for the last five years for her husband legitimate

                       benefits and, as such, any delay in extending such consequential

                       benefits, would be viewed sternly.

                                   8. The writ petition stands disposed off.



                                                  (Harish Kumar, J)
supratim/-

U


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