Patna High Court
Dr. Gopal KumarversusThe Purnea University, Purnea
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is disposed of without granting mandamus, with liberty granted to the petitioner to file representations before the universities.
Summary
The petitioner, Dr. Gopal Kumar, filed a writ petition seeking mandamus directing Purnea University, B.N. Mandal University and various state education authorities to pay his salary arrears of Rs. 94,88,589 accrued from 1998-99 to 2022-23, including three advance annual increments for his Ph.D. qualification, and interest thereon. He also contested differing pay points determined by the universities and the Pay Verification Cell. The court noted that the petitioner had not filed any representations before the concerned universities and that the reliefs sought were of a limited nature. The learned counsel for the petitioner proposed that the petitioner be allowed to file appropriate representations, after which the universities should dispose of them within a fixed time. The respondents did not oppose this approach. Accordingly, the court disposed of the writ, granting the petitioner liberty to file representations within one month and directing the universities to decide the matters within three months, with a reasoned order, and to extend any relief thereafter within another three months.
Issues considered
- Whether the court can issue a mandamus directing the universities and state education authorities to pay the petitioner's salary arrears and advance increments.
- Whether the petitioner is entitled to interest on the alleged arrears as per earlier High Court and Supreme Court judgments.
- Whether the petitioner must first exhaust administrative remedies by filing representations before the universities before seeking judicial relief.
Subjects
- salary arrears
- mandamus
- public university
- representation
- civil writ jurisdiction
- advance increments
- interest on arrears
- administrative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2902 of 2026
======================================================
Dr. Gopal Kumar Son of Late Krishna Kumar Choudhary, R/o-Khiria, P.S.-
Korha, District-Katihar.
... ... Petitioner/s
Versus
1. The Purnea University, Purnea through its Registrar.
2. The Vice-Chancellor, Purnea University, Purnea.
3. The Registrar, Purnea University, Purnea.
4. The Finance Officer, Purnea University, Purnea.
5. The Principal, K.B. Jha College, Katihar.
6. The B.N. Mandal University, Madhepura through its Registrar.
7. The Vice-Chancellor, B.N. Mandal University, Madhepura.
8. The Registrar, B.N. Mandal University, Madhepura.
9. The Finance Officer, B.N. Mandal University, Madhepura.
10. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna.
11. The Director, Higher Education Department, Govt. of Bihar, New
Secretariat, Vikas Bhawan, Patna.
12. The Pay Verification Cell, Education Department of Education, having its
office in the Building of Bihar State Text Book Publishing Corporation,
Buddh Marg, Patna, through its Authorized Officer.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate
Mr.Bishwash Vijeta, Advocate
Mr. Avanindra Kumar Jha, Advocate
Mr. Ram Nareshh Jha, Advocate
For the State Ms. Binita Singh, SC 28
For the BNMU Mr. Md Nadim Seraj, Advocate
For Purnia University Mr. Suraj Deo Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 16-03-2026 Heard the learned counsel for the petitioner, the
learned counsel appearing for Purnia University, the learned
counsel appearing for B.N. Mandal University, and the learned
counsel for the respondent-State.
Patna High Court CWJC No.2902 of 2026(2) dt.16-03-2026
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2. The petitioner in the present writ application, has
prayed grant of the following reliefs:-
“i. Issuance of an order, direction or a writ in
the nature of Mandamus commanding the
Respondents concerned to ensure the payment of
petitioner's arrears of salary claim, amounting
to Rs. 94,88,589.00 for the period in between
1998-99 to 2022-23, calculation wherefor has
been prepared by the
Accountant/Bursar/Principal of K.B.Jha
College, Katihar on 27.02.2023, that too,
without adding the due benefits of three (3)
advance increments w.e.f. 01.09.2008, on
account of petitioner's acquiring Ph.D. Degree
during service tenure, to which the petitioner is
entitled to, as per Annexure P/2 & P/3 to this
writ petition.
ii. Issuance of an order, direction or a writ in the
nature of mandamus commanding the
Respondents concerned to ensure the payment of
Three (3) Advance Annual Increments to the
petitioner w.e..f. 01.09.2008, on account of
petitioner's having acquired Ph.D. Degree
during his service tenure on 07.04.2006, as has
been provided in the State Govt. Resolution as
contained in Memo No. 908 dated 15.05.2018
read with the corrigendum issued by the Special
Secretary, Education Department vide Letter
No. 2839 dated 05.12.2019.
Patna High Court CWJC No.2902 of 2026(2) dt.16-03-2026
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iii. Issuance of an order, direction or a writ in
the nature of mandamus commanding the
Respondent Purnea University, Purnea as well
as the Respondent Pay Verification Cell,
Education Department, Govt. of Bihar, Patna to
act upon petitioner's pay point determined by
the Principal of K.B.Jha College, Katihar dated
01.08.2022, whereby petitioner's pay as on
01.01.2016 has been determined at Rs.
1,71,400.00 only, which includes three advance
annual increments w.e.f. 01.09.2008.
iv. Issuance of an order, direction or a writ in
the nature of mandamus commanding the
Respondent Purnea University, Purnea as well
as the Respondent Pay Verification Cell,
Education Department, Govt. of Bihar, Patna to
ignore petitioner's pay point determined by the
Respondent Purnea University dated 03.07.2023
and petitioner's pay point determined by the
Respondent Pay Verification Cell, Education
Department, Bihar as contained in Pay
Verification Letter No. 1406221200001,
whereby petitioner's pay as on 01.01.2016 has
been determined at Rs. 1,56,900.00 only.
v. Issuance of an order, direction or a writ in the
nature of Mandamus commanding the
Respondents concerned toensure the payment of
interest over the said arrears of salary claim of
the petitioner either @ 12% or @ 15% or @
18% per annum, upon taking into account the
Patna High Court CWJC No.2902 of 2026(2) dt.16-03-2026
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orders passed by the Hon'ble High Court, Patna
as well as the Apex Court in the following
cases :-
A. Order dt 11.10.2010 passed by this Hon'ble
Court in CWJC No. 2924 of 2010 & analogous
cases.
B. Order dt 13.07.2012 passed in LPA No. 32 of
2011
C. Order dated 31.01.2000 passed by the Apex
Court in Civil Appeal No. 669 of 2000 (Vijay L.
Mehrotra Vs State of U.P. & Others).”
3. During the course of argument, the learned counsel
for the petitioner submits that for the period 1998-1999 to
18.03.2018, it is the responsibility and liability of the B.N.
Mandal University to make the payment of arrears and for the
period 19.03.2018 to 31.03.2023, it is the responsibility and
liability of Purnia University to make payment of arrears. He,
however, fairly submits that appropriate representations have
not been filed by the petitioner before both the Universities and
hence he prays that the present writ application be disposed of,
granting liberty to the petitioner to file appropriate
representations before both the Universities. He further makes a
prayer that if such representations are filed by the petitioner,
then the authorities concerned of both the Universities may be
directed to dispose of the representations within a fixed time-
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frame, after giving an opportunity of hearing to the petitioner .
4. The learned counsel appearing for B.N.Mandal
University, Purnia University and the learned counsel for the
respondent-State do not have any objection to the aforesaid
submissions made by the learned counsel appearing for the
petitioner.
5. Considering the limited nature of prayer being
made by the learned counsel for the petitioner, this writ
application is disposed of granting liberty to the petitioner to
file appropriate representations before both the Universities
within one month from today. If such representations are filed
by the petitioner, the authorities concerned of both the
Universities shall dispose of the same within a further period of
three months, after giving an opportunity of hearing to the
petitioner.
6. Needless to emphasize that the final order, which
shall be passed by the appropriate authorities of both the
Universities, shall be a reasoned and speaking order. It is further
made clear that if the petitioner is found entitled to the reliefs,
which the petitioner would be claiming through the
representation, then the same should be extended to the
petitioner by the authorities of both the Universities within a
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further period of three months form the date of passing of the
final order.
7. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
8. All pending interlocutory application(s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
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