Created by Fuzzy Cloud

Patna High Court

Birendra NathversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the petitioners to file individual representations and ordered the universities to adjudicate the arrears claims within a stipulated time, disposing of the writ petition.

Summary

The petitioners, retired employees originally appointed under Magadh University, sought a writ of mandamus directing the State of Bihar and the two universities to pay salary arrears from April 1997 to March 2017, along with interest. They argued that after the creation of Patliputra University, their services were transferred, yet neither university had addressed their claims. The respondents contended that the claims should be adjudicated individually, requiring the petitioners to file separate representations with supporting documents. The court agreed, directing the petitioners to file individual representations within four weeks and ordering the registrars of both universities to adjudicate the claims within eight weeks, with record transfer if necessary. The writ petition was consequently disposed of without a substantive order on the merits.

Issues considered

  • Whether the petitioners can obtain salary arrears through a collective writ against the State and the universities.
  • Whether the universities are liable to pay arrears after the transfer of jurisdiction following the creation of Patliputra University.
  • Whether the court may direct petitioners to file individual representations for adjudication of their claims.

Subjects

  • salary arrears
  • university jurisdiction
  • writ of mandamus
  • service records
  • higher education
  • public authority
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.405 of 2026
                 ======================================================
           1.     Birendra Nath son of Late Mahabir Thakur, resident of Munna Chowk
                  (cheak) East Gali College of Commerce, Lohiya Nagar, Kankarbah, District-
                  Patna-800020, Retd. Assistant, Nalanda College, Biharsharif, District-
                  Nalanda.
           2.    Shri Nirapad Bhattacharya, son of Balram Bhatacharya, resident of village-
                 Telpara, Post- Guptipara, Hogly, West Bengal-712512, Retd Steno Typist,
                 Nalanda College, Biharsharif, Nalanda-803101.
           3.    Pramod Kumar Singh, son of Rambadan Singh, resident of House No. 39(2),
                 Udantpuri, Biharsharif District- Nalanda -803101, Retired Lab Incharge,
                 Nalanda College, Biharsharif, Nalanda -803101, Mob- 9801864877.
           4.    Bhuneshwar Prasad, son of Sri Ghamandi Prasad, resident of village-
                 Nakatpura, District - Nalanda, Bihasharif-803101, Retired Storekeeper,
                 Nalanda College, Nalanda-803101.
           5.    Ruplal Chaudhary, son of Brihaspat Chaudhary, resident of village-Marsua,
                 P.O.- Ben, District- Nalanda, Biharsharif - 803114, Retired Assistant,
                 Nalanda College, Biharsharif, Nalanda-803101.
           6.    Lallan Singh, son of resident of Ward No.01, Near Mandir, village-Bhatu
                 Bigha, P.O.- Eksara, District- Nalanda, Biharsharif-803114, Retired Peon,
                 Nalanda College, Biharsharif, Nalanda, Biharsharif- 803101.

                                                                                 ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Principal Secretary, Higher Education, Bihar,
                 Patna.
           2.    The Vice Chancellor, Magadh University, Bodh Gaya.
           3.    The Registrar, Magadh University, Bodh Gaya.
           4.    The Vice Chancellor, Patliputra University, Patna.
           5.    The Registrar, Patliputra University, Patna.
           6.    The Principal, Nalanda College, Biharsharif (Nalanda).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rudal Singh, Adv.
                 For the Respondent/s   :      Mr. Dehurjati Kr. Prasad, GP-14
                 For the PPU            :      Mr. Rana Vikram Singh, Adv.
                                               Mrs. Rasika, Adv.
                 For the MU             :      Mr. Siddhartha Prasad, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   13-01-2026                 The writ petition has been filed for following relief:-
Patna High Court CWJC No.405 of 2026(2) dt.13-01-2026
                                            2/5




                               “1. That petitioners seeks indulgence to the
                  Hon’ble High Court for the following reliefs:-
                               (A) A writ in the nature of mandamus or any
                  other appropriate writ, order/s direction commanding
                  the respondents for the following reliefs:-
                                      (i) To pay the arrear of salary of the
                          petitioners from the period of 01.04.1997 to
                          31.03.1917.
                                      (ii) To pay the arrear of according to
                          MU letter No. Bud/193/17 dt 19.09.17 and
                          143/17 dt 9.10.17 for the period of April 97 to
                          March 2017 and according to detail chart
                          contained in Annexure-P/1 (series).
                                      (iii) To pay uptodate Panel interest on
                          the dues amount of the petitioners forthwith.
                               (B) To any other relief/reliefs for which the
                  petitioners is entitled in law.”
                      2. Learned counsel for the petitioners submits that the

          petitioners were originally appointed under the Magadh

          University but, some of the petitioners at the time of retirement,

          on carving out of the Patliputra University, their services were

          transferred under the jurisdiction of Patliputra University and

          they are said to have retired under the jurisdiction of newly

          carved out Patliputra University but, for no obvious reasons,

          neither the authorities of the Magadh University nor the

          Patliputra University have addressed the claim of the petitioners

          for ensuring payment of arrears of salary, for which the
Patna High Court CWJC No.405 of 2026(2) dt.13-01-2026
                                            3/5




          petitioners are entitled for the period, which is referred in the

          relief portion of the writ petition.

                      3. At this stage, counsel for the Magadh University

          submits that the petitioners may be directed to file individual

          representation with all supporting materials for adjudication of

          their claim as the relief, which is said to have been sought by the

          petitioners jointly, are required to be addressed by the

          authorities of the University, looking to their entitlement on

          individual basis and, therefore, they may be directed to file

          individual representation, appending all necessary documents

          for ventilating their grievances.

                      4. On the other hand, Mr. Rana Vikram Singh, learned

          counsel representing the Patliputra University, submits that

          originally the petitioners were employed under the jurisdiction

          of Magadh University but, on carving out the Patliputra

          University, their services were transferred to Patliputra

          University while the records, pertaining to the entitlement in

          almost all the cases, might not have been transferred to the

          Patliputra University for adjudicating their claim and, therefore,

          the authorities of the Magadh University may be directed to

          transfer the records pertaining to the petitioners who are said to

          have retired from the Patliputra University, their records shall be
Patna High Court CWJC No.405 of 2026(2) dt.13-01-2026
                                            4/5




          transferred with all payment details so that the adjudication of

          their grievances could be made within the time so framed.

                      5. Considering the submissions of the parties, this

          Court finds it appropriate to direct the petitioners to file

          individual representation appending details of their service

          records with payment so made during their service period so

          that necessary adjudication by the Registrar of both the

          Universities can be made.

                      6. All the petitioners would be obliged to file detailed

          representation within a period of four weeks from today and, on

          filing of such representation before the Registrar of both the

          Universities, they would be obliged to adjudicate their claim

          within a period of eight weeks thereafter and in case their

          records are not available with the University then appropriate

          requirement shall be placed before the Registrar of the Magadh

          University by the Registrar of the Patliputra University, who

          would be obliged to immediately address the requirement so

          placed and necessary documents for adjudication shall be

          immediately forwarded without any undue delay so that the time

          fixed by this Court for adjudication can be adhered by the

          authorities of the Patliputra University as well.

                      7. In view of the direction so issued, the petitioners
          Patna High Court CWJC No.405 of 2026(2) dt.13-01-2026
                                                      5/5




                    shall file individual representation within time so allowed and,

                    on filing of such representation, it is expected that the Registrar

                    of both the Universities shall address the claim and pass

                    necessary orders with regard to relief sought for by the

                    petitioners and, on finding substance in such claim, necessary

                    orders by extending benefits shall also be ensured within the

                    time so allowed.

                                8. With the aforesaid observations and direction, the

                    writ petition stands disposed of.



                                                 (Ajit Kumar, J)
rishi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.