Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the Registrar to dispose of the pending representation within six weeks and, if the petitioner is entitled, to release the arrears within four weeks thereafter.
Summary
Shanti Devi, widow of a deceased university employee, filed a writ petition seeking the release and disbursement of arrears of salary, including benefits under ACP, MACP, and the 6th pay revision, alleging that the University had not acted on her representation dated 28‑11‑2025. The petitioner argued that the Registrar of Magadh University had failed to dispose of the representation, causing undue delay in receiving the dues. The respondents, including the State of Bihar and the two universities, raised no objection to the limited relief sought. With the consent of both parties, the Court disposed of the writ by directing the Registrar to decide the pending representation within six weeks and, if the petitioner is found entitled, to release the arrears within a further four weeks, ensuring a reasoned order. All pending interlocutory applications were deemed disposed.
Issues considered
- Whether the Registrar of Magadh University can be compelled by a writ of mandamus to dispose of the petitioner's pending representation regarding salary arrears.
- Whether the petitioner is entitled to the claimed arrears and benefits under the applicable service rules.
Subjects
- salary arrears
- writ of mandamus
- university employee benefits
- representation pending
- administrative law
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3452 of 2026
======================================================
Shanti Devi Wife of Late Birendra Kumar Sharma @ Virendra Kumar
Sharma, Resident of village- Amera, P.O.-Bhathar, P.S. Tharthari, District-
Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Vice- Chancellor, Magadh University, Bodhgaya, District- Gaya, Bihar.
3. The Registrar, Magadh University, Bodhgaya, District- Gaya, Bihar.
4. The Finance Officer, Magadh University, Bodhgaya, District- Gaya, Bihar.
5. The Vice-Chancellor, Patliputra University, Patna.
6. The Registrar, Patliputra University, Patna.
7. The Finance Officer, Patliputra University, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratyush, Adv
Mr. Thakur Brajesh Singh, Adv
For the State : Mr. Sarvesh Kumar, Government Pleader (24)
For the P.P.U. : Mr. Anand Kumar, Adv
Mr. Vijeta Kumar, Adv
For the M.U. : Mr. Faiz Ahmed, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner, learned
counsel for the Magadh University, learned counsel for the
Patliputra University and learned counsel for the respondent-
State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) For issuance of writ of
mandamus or any other appropriate
writ / writs, order/ orders,
Patna High Court CWJC No.3452 of 2026(2) dt.17-03-2026
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direction/directions commanding the
concerned respondent to forthwith
release and disburse the arrears of
salary on account of non-payment of
the benefits under ACP, MACP,
increment of 6th pay revision and
other admitted dues within the
stipulated time frame.
(ii) For any other
relief/reliefs for which the petitioner is
entitled under law.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief,
the petitioner has already filed a representation dated 28.11.2025
vide Annexure- P/7 before the Registrar, Magadh University,
Bodh Gaya, which as per the petitioner, continues to be pending.
He, therefore, submits that an appropriate direction be issued to
the Registrar, Magadh University, Bodh Gaya to dispose of the
pending representation of the petitioner within a fixed time
frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-parties do not have any objection.
6. Considering the limited nature of prayer being
Patna High Court CWJC No.3452 of 2026(2) dt.17-03-2026
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made by learned counsel for the petitioner, this writ application
is disposed of directing the Registrar, Magadh University, Bodh
Gaya to dispose of the pending representation of the petitioner
dated 28.11.2025 vide Annexure- P/7 within six weeks from the
date of production of a copy of this order by the petitioner, after
giving an opportunity of hearing to the petitioner. Needless to
emphasize that the final order which shall be passed by the
Registrar, Magadh University, Bodh Gaya should be a reasoned
and speaking order. It is further made clear that in case, the
petitioner is found entitled to the relief which he has claimed
through the representation, the same shall be extended to the
petitioner within a further period of four weeks from the date of
passing of the final order.
7. With the aforesaid observation/direction, this writ
application is disposed of. All pending interlocutory
application(s), if any, shall also be deemed to have been
disposed of.
(Alok Kumar Sinha, J)
kiran/-
U
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