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Patna High Court

Dr. Damyanti KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                          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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