Patna High Court
Dr. Amaresh RanjanversusThe Nalanda Open University
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed with a direction to the Registrar to dispose of the pending representation within six months, after hearing, and to pass a reasoned order, with any entitlement to relief to be granted within three months thereafter.
Summary
Dr. Amaresh Ranjan, an Assistant Professor at Nalanda Open University, filed a writ petition seeking payment of salary arrears, increments, and other dues, alleging arbitrary and illegal conduct by the University and the State of Bihar. He also requested that the Registrar dispose of his pending representation within a fixed time. The University and the State raised no objection to the limited prayer. The Patna High Court, with the parties' consent, disposed of the writ by directing the Registrar to dispose of the pending representation within six months, after hearing the petitioner, and to issue a reasoned order. The Court further ordered that if the petitioner is found entitled to the claimed reliefs, they be granted within three months of the final order. All interlocutory applications were deemed disposed.
Issues considered
- Whether the Registrar of Nalanda Open University can be compelled by a writ to dispose of a pending representation within a specified time frame.
- Whether the petitioner's claims of salary arrears, missed increments, and other dues warrant judicial intervention and relief.
Subjects
- salary arrears
- pay revision
- increment
- mandamus
- writ jurisdiction
- higher education
- public servant
- administrative law
- pending representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.383 of 2025
======================================================
Dr. Amaresh Ranjan Son of Musafir Singh, Resident of Gulbi Ghat, Baksariya
Tola, P.O.-Mahendru, P.S.-Sultanganj, District-Patna, the then Assistant
Professor, the Nalanda Open University, in the Department of Mathematics,
Study Center at 3rd Floor, Biscomaun Bhawan, West Gandhi Maidan, Patna.
... ... Petitioner/s
Versus
1. The Nalanda Open University Bargaon, Nalanda (Bihar), Pin-803111.
2. The Vice Chancellor, Nalanda Open University, Bargaon, Nalanda (Bihar),
Pin-803111.
3. The Registrar, Nalanda Open University, Bargaon, Nalanda (Bihar) Pin-
803111.
4. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
5. The Principal Secretary, Department of Education, Government of Bihar,
Vikas Bhawan, Bailey Road, Patna.
6. The Director (Higher Education), Department of Education, Govt. of Bihar,
Vikas Bhawan, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avanindra Kumar Jha, Adv
For the State : Mr. Sanjay Kumar, AC to GP (23)
For Nalanda Open University : Mr. Dr. Anand Kumar, Adv
Mr. Rajan Prakash, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Nalanda Open 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:
Patna High Court CWJC No.383 of 2025(3) dt.19-02-2026
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(i) To hold and declare that, the
action of the respondents concerned of the
Nalanda Open University in not finally
settling the Petitioner's, following
grievances/making payment of outstanding
dues mentioned herein below, is arbitrary,
discriminatory, malafide, illegal, malacious,
bad in law and fit to be deprecated in strong
words.
1. Approx 2/3 part of the Arrears
of Salary for the 6th pay revision,
2. Annual 3% increment during
the 6th Pay revision has been paid for a brief
period only in the financial year 2015-2016.
For rest of the financial years, (before &
after both) benefits of annual increments
were not paid.
3. Petitioner's pay revision, in the
7th pay Revision was not made upon adding
the benefit of 3% annual increments.
4. Petitioner's pay fixation in 7th
pay revision has been made at a
reduced/lesser pay.
5. No arrears of salary of 7th Pay
revision has been paid till date.
6. Since the pay in 6th Pay revision
and 7th pay revision, total & gross pay were
calculated at lesser rate, thus, D.A. and
other allowances have also been calculated
in erroneous manner, hence arrears under
Patna High Court CWJC No.383 of 2025(3) dt.19-02-2026
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different heads of HRA/CTA/Medical
allowances are also required to be paid at
revised rate, upon correction of pay & pay
scale.
7. Arrears of pay equivalent to
salary of one day, deducted every year, every
six month or, in the month of March and
September, that too without any reasoned
order or information (is required to be paid).
8. Payment for Rs. 20000/-,
writing/preparing Self learning material for
University namely, 'Statistical Method &
linear programing of BCA Part-II'.
(ii) For issuance of appropriate
orders, direction or writ in the nature of
Mandanus for directing the respondents
concerned of the Nalanda Open University
to finally settle the Petitioner's,
grievances/make payment of outstanding
dues mentioned herein above at Para No. 1
(i) of this writ petition. For the sake of
brevity, heads of payment due have not been
repeated in this paragraph.
(iii) For issuance of appropriate
orders, direction or writ in the nature of
Mandanus for directing the respondents
concerned to make payment of interest
(penal interest) @ 18% per annum over the
due and outstanding dues of the Petitioner,
in view of the Judgment dated 31.01.2000 of
Patna High Court CWJC No.383 of 2025(3) dt.19-02-2026
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Apex Court in Civil Appeal No. 689 of 2000.
(iv)For grant of any other relief or
relief's to which the Petitioners may be found
entitled to, in the facts and circumstances of
this case.
4. Learned counsel for the petitioner submits that for
seeking the aforesaid reliefs, the petitioner has already filed a
representation before the Registrar of Nalanda Open University,
Bargaon, Nalanda (respondent no. 3), which has been brought
on record at page 34 of the writ application (Annexure-P/12
series) and as per the petitioner, the same continues to be
pending. Learned counsel for the petitioner further submits that
he would be satisfied if an appropriate direction be issued to the
Registrar of Nalanda Open University, Bargaon, Nalanda
(respondent no. 3) 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-State and learned counsel for the Nalanda Open
University do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
Patna High Court CWJC No.383 of 2025(3) dt.19-02-2026
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is disposed of directing the Registrar of Nalanda Open
University, Bargaon, Nalanda (respondent no. 3) to dispose of
the pending representation of the petitioner within six months
from the date of receipt/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 of Nalanda Open University,
Bargaon, Nalanda (respondent no. 3) should be a reasoned and
speaking order. It is 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 three months 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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