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Patna High Court

Dr. Shiv Shankar PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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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