Patna High Court
Dr. Shiv Shankar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Registrar, Veer Kunwar Singh University, must adjudicate the petitioner's claim on the basis of official records and, if found justified, pay all admissible dues within six weeks with statutory interest.
Summary
The petitioner, a retired associate professor of Gram Bharti College, filed a writ petition seeking a mandamus directing the university and the State of Bihar to pay his pending gratuity, earned leave, and related dues, along with penal interest. He contended that his service was regularized, he was promoted, and upon superannuation his pension was fixed on a lower scale, resulting in shortfall of retirement benefits. The university argued that the petitioner had already filed a representation before the Registrar, which should be considered by the competent authority. The Court held that the Registrar of Veer Kunwar Singh University must adjudicate the claim based on official records and, if justified, order payment of all admissible dues within six weeks, with statutory interest where applicable. The Court also directed the State to provide any necessary funds. Consequently, the writ petition was disposed of after issuing these directions.
Issues considered
- Whether the university and the State are liable to pay the petitioner's gratuity and earned leave dues upon retirement.
- Whether penal interest is payable on the unpaid dues.
- Whether a writ of mandamus can be issued directing payment of the claimed amounts.
Subjects
- gratuity
- earned leave
- pension
- mandamus
- service law
- retirement benefits
- higher education institution
- public servant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5110 of 2026
======================================================
Dr. Shiv Shankar Pandey S/o Late Shiv Bachan Pandey, resident of-B-1/A2A,
Ward No.8, Asssi, Varanasi, District- Varanasi, retired as Associate Professor,
Gram Bharti College, Ramgarh, Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Govt. of Bihar
Patna.
2. The Additional Chief Secretary, Govt. of Bihar, Patna.
3. The Director, Higher Education, Govt. of Bihar, Patna.
4. The Vice Chancellor, Veer Kunwar Singh University, Ara.
5. The Registrar, Veer Kunwar Singh University, Ara.
6. The Finance Officer, Veer Kunwar Singh University, Ara.
7. The Principal, Gram Bharti College, Ramgarh, Kaimur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Singh, Advocate
For the Respondent/s : Mr.Standing Counsel (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(I) For issuance of an appropriate writ in the
nature of MANDAMUS, Commanding and
directing the respondent authorities to make
payment rest amount of Gratuity and Earn Leave
in view of Memo No. 592 dated 6.3.2019 and other
admitted dues.
(II) For payment of penal interest on
aforesaid dues in the light of order passed in Civil
Appeal No. 7113/2014, order dated 01.08.2014.
Patna High Court CWJC No.5110 of 2026(2) dt.18-04-2026
2/3
(III) For issuance of any other writ/writs,
order/orders, direction/directions for which the
writ petitioner is entitled under the facts and
circumstances.
3. Learned counsel for the petitioner submits that the
petitioner was initially appointed as a Lecturer in the
Department of HIndi on 04.12.1978 at Gram Bharti College,
Ramgarh, Kaimur and he joined on the post of Principal of the
College on 05.12.1978. It has further been submitted that the
services of the petitioner were duly regularized/confirmed vide
Letter No.1788/Estab/2020 dated 22.10.2020. Thereafter, the
petitioner was promoted to the post of Assistant
Lecturer/Assistant Professor vide Memo No.9/Estab/09 dated
10.01.2009 w.e.f 05.05.1993. Upon attaining the age of
superannuation on 31.08.2017, the petitioner retired from
service from the said post with full satisfaction of the concerned
authority.
4. It is the case of the petitioner that, as per the last
pay slip, his pay was fixed at Rs. 55,790/- Grade Pay 9000/- in
the pay scale of Lecturer, subsequently, the University fixed the
pay scale in Reader’s scale and pension was also fixed
accordingly, but difference of pension, gratuity and earn leave
have not been paid.
Patna High Court CWJC No.5110 of 2026(2) dt.18-04-2026
3/3
5. On the other hand, learned counsel for the
University submits that the petitioner has already filed a
representation before the Registrar, Veer Kunwar Singh
University, and the same may be directed to be considered and
adjudicated by the competent authority with reference to the
official records.
6. Considering the submissions advanced on behalf of
the parties, this Court deems it appropriate to direct the
Registrar, Veer Kunwar Singh University, to adjudicate the
claim of the petitioner on the basis of the official records
available to them. In the event the claim of the petitioner is
found to be justified, all admissible dues shall be paid to the
petitioner within a period of six weeks from the date of
production of copy of the order passed by this Court, along with
statutory interest, if applicable. In case of any deficiency of
funds, if the requisition is made from the State-authority, the
same shall be addressed and necessary steps for transfer of
requisite funds shall be made.
7. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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