Patna High Court
Dr. Damyanti KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court directed the Vice‑Chancellor to dispose of the pending representation within two months, give a hearing, and, if the petitioner is entitled, grant the two increments within a further two months.
Summary
Dr. Damyanti Kumari, a superannuated Reader of S.K. Mahila College, filed a writ petition seeking two salary increments for having obtained a Ph.D., relying on a prior judgment (L.P.A. No. 269/2016). She had also submitted a representation to the Vice‑Chancellor of L.N. Mithila University on 26‑12‑2025 requesting the increments, which remained pending. The petitioners argued that the earlier judgment mandates the increments and that the university must act on her representation. The respondents (the State and the University) raised no objection to the limited relief sought. Justice Alok Kumar Sinha ordered the Vice‑Chancellor to dispose of the pending representation within two months, after giving the petitioner a hearing, and to issue a reasoned order; if the petitioner is entitled to the increments, they must be granted within an additional two months. The writ application was consequently disposed of.
Issues considered
- Whether the university is obligated to grant two salary increments to a superannuated employee on account of a Ph.D. degree as per the earlier judgment L.P.A. No. 269/2016.
- Whether the pending representation filed on 26‑12‑2025 must be disposed of within a specific time frame with a reasoned order.
Subjects
- salary increments
- Ph.D. qualification
- superannuation
- university administration
- mandamus
- pending representation
- reasoned order
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3709 of 2026
======================================================
Dr. Damyanti Kumari Wife of Sita Ram Singh, Resident of Mohalla-
Chanakya Nagar, P.S.- Begusarai, District- Begusarai, a superannuated
employee as Reader from S.K. Mahila College, Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Education Department, Govt.
of Bihar, New Secretariat, Patna.
2. Principal Secretary, Education Department, Govt. of Bihar, New Secretariat,
Patna.
3. The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna.
4. The Vice-Chancellor, L.N. Mithila University, Darbhanga.
5. The Registrar, L.N. Mithila University, Darbhanga.
6. The Finance Officer, L.N. Mithila University, Darbhanga.
7. The Principal, S.K. Mahila College, Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Singh
For the State : A.C. to G.P. 20
For Respondent 4 to 6 (LNMU): Mr.Ranjan Kumar Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner, learned
counsel appearing for the respondent-University and the learned
counsel appearing for the respondent-State.
2. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) For issuance of an appropriate writ
in the nature of MANDAMUS, commanding and
directing the Respondent authorities to grant two
increments on account of acquiring Ph.D. degree
w.e.f. 01.01.96/27.7.98 in view of order passed in L.
P. A No. 269/2016 order dated 27.7.2017 read with
CWJC No. 15136 of 2010 dated 15.11.2010 by
which the Hon'ble Court has held that two
Patna High Court CWJC No.3709 of 2026(2) dt.24-03-2026
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increments are payable on account of acquiring
Ph.D. degree and a direction to make payment the
arrears of pre and post retiral dues thereupon
adding two increments from 01.01.1996/27.7.1998.
(ii) For issuance of any other appropriate
writ/writs, order/orders, direction/ directions for
which the writ petitioner shall be found entitled
under the facts and circumstances of the case.”
3. Learned counsel appearing for the petitioner submits
that the case of the petitioner is squarely covered by judgment and
order dated 27.07.2017 passed by a Division Bench of this Court
in L.P.A. No. 269 of 2016. He further submits that in light of this
judgment, the petitioner has already filed a representation before
the Vice-Chancellor of the respondent-University on 26.12.2025
which has been brought on record by way of Annexure-P/8. As
per the petitioner, the said representation continues to be pending.
He, therefore, submits that the petitioner would be satisfied if an
appropriate direction be issued to the Vice-Chancellor of the
respondent-University to dispose of the pending representation of
the petitioner dated 26.12.2025 (Annexure-P/8) within a fixed
time frame, after giving an opportunity of hearing to the
petitioner.
4. To the aforesaid submission made by the learned
counsel for the petitioner, learned counsel appearing for the
respondent-University and learned counsel appearing for the
respondent-State do not have any objection.
Patna High Court CWJC No.3709 of 2026(2) dt.24-03-2026
3/3
5. Considering the limited nature of prayer being made
by learned counsel for the petitioner, this writ application is
disposed of directing the Vice-Chancellor of the respondent-
University to dispose of the pending representation of the
petitioner dated 26.12.2025 (Annexure-P/8) within two months
from the date of receipt / production of a copy of this order, after
giving an opportunity of hearing to the petitioner.
6. Needless to emphasize that the final order which
shall be passed by the Vice-Chancellor of the respondent-
University should be a reasoned and speaking order and if the
petitioner is found entitled to the relief which the petitioner has
claimed through representation, relying upon the judgment dated
27.07.2017 passed in L.P.A. No. 269 of 2016, then the same
should be extended to the petitioner within a further period of two
months from the date of passing of the final order.
7. With the aforesaid observation and 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)
kundan/-
U
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