Patna High Court
Smt. Krishna DeviversusThe Magadh University, Bodh Gaya
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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
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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,
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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
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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
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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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