Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court declined to issue a mandamus and instead directed the petitioners to file a representation before the Registrar, setting specific time limits for filing and disposal.
Summary
Six office assistants of Ram Lakhan Singh Yadav College filed a writ petition seeking a mandamus directing Baba Saheb Bhim Rao Ambedkar Bihar University to pay their honorarium arrears dating from December 2024 and to grant any other reliefs they were entitled to. The petitioners argued that they were validly appointed on a contractual basis in 2019 and that the university had failed to pay the statutory remuneration. The university and the State of Bihar did not oppose the petitioners' limited prayer to file a representation before the Registrar for a determination of their claim. The Court, with consent of both parties, disposed of the writ at this stage, granting liberty to the petitioners to file the representation within two weeks and directing the Registrar to decide it within three months, with a reasoned order. The Court further directed that if the petitioners are found entitled, the relief should be extended within two months of the final order. No substantive mandamus was issued; the matter was left to administrative adjudication.
Issues considered
- Whether the petitioners are entitled to the honorarium/remuneration claimed from the university.
- Whether a writ of mandamus is the appropriate remedy for the alleged non-payment of honorarium.
- Whether the petitioners may be directed to file a representation before the Registrar and the timeline for such representation.
Subjects
- honorarium
- mandamus
- writ petition
- higher education
- public university
- administrative law
- representation
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5607 of 2026
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1. Abhishek Kumar son of Lal Babu Rai, resident of Mohalla- Indrasan Nagar,
Purvi Kargahiya, Near R.L.S.Y. College, P.O. Bettiah, P.S. Bettiah, District
West Champaran, presently working as Office Assistant (Computer
Operator), Ram Lakhan Singh Yadav College, Bettiah, District - West
Champaran.
2. Prashant Kumar, son of Birendra Nath Yadav, resident of Sant Kabir Road,
Jagdamba Colony, Ward No.8 Banu Chhapra, P.O. Bettiah, P.S. Bettiah,
District -West Champaran, presently working as Office Assistant (Computer
Operator), Ram Lakhan Singh Yadav College, Bettiah, District-West
Champaran, presently working as Office Assistant, Ram Lakhan Singh
Yadav College, Bettiah, District -West Champaran.
3. Mukesh Kumar Das, son of Ramashish Das, resident of Ward No.12,
Laxmipur, Gauri Har, Khalik Nagar, P.O. Bariarpur, P.S. Muzaffarpur
District Muzaffarpur, presently working as Office Assistant, Ram Lakhan
Singh Yadav College, Bettiah, District West Champaran.
4. Mritunjay Kumar, son of Jay Narayan Yadav, resident of village and P.O.
Ramnagar Bankat, P.S. Majhaulia, District - West Champaran at Bettiah,
presently working as Office Assistant, Ram Lakhan Singh Yadav College,
Bettiah, District - West Champaran.
5. Prince Kumar Yadav, son of Harendra Yadav, resident of village- Sareya
Tola, Mathiya, P.O.Sonwal, P.S. Malahi, District - East Champaran,
presently working as Office Assistant (Computer Operator), Ram Lakhan
Singh Yadav College, Bettiah, District West Champaran, presently working
as Orderly Peon, Ram Lakhan Singh Yadav College, Bettiah, District - West
Champaran.
6. Sunil Kumar Yadav, son of Pramod Yadav, resident of Ward No.6, Jamuniya
Dakhin Tola, Majharia Kishun, P.O. Bettiah, P.S. Bettiah, District West
Champaran, presently working as 4th Grade Employee, Ram Lakhan Singh
Yadav College, Bettiah, District West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director Higher Education, Education Department, Government of
Bihar, Patna.
4. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through the
Registrar.
5. The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University,
Muzaffarpur.
6. The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University,
Muzaffarpur.
7. The Finance Officer, Baba Saheb Bhim Rao Ambedkar Bihar University,
Patna High Court CWJC No.5607 of 2026(2) dt.28-04-2026
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Muzaffarpur.
8. The Principal, Ram Lakhan Singh Yadav College, Bettiah, District - West
Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Singh, Adv.
For the State : Mr.Government Advocate (2)
Mr.Venkatesh Kirti, AC to GA 2
For BRABU : Mr.Sunit Kumar, Adv.
For BRAU : Mr.Sriram Krishna, Adv.
Mr.Amarjeet, Adv.
Mr.Prabhat Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioners, learned
counsel appearing for the respondent-University and learned
counsel appearing 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 petitioners have
prayed for the grant of following reliefs:
“(I) For issuance of an appropriate writ
in the nature of MANDAMUS,commanding and
directing the Respondent University to pay the
honorarium/remuneration to the petitioners since
December, 2024 and onwards as also the current
honorarium/remuneration for which the petitioners
are legally entitled in accordance with law on the
ground that the petitioners are validly
appointed/engaged on their respective posts in the
year 2019 after following the due procedure of
selection on daily wages/ contractual basis by the
competent authority and their appointment
/engagements are duly approved by the Respondent
Patna High Court CWJC No.5607 of 2026(2) dt.28-04-2026
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University vide memo no.20/V.C. dated are
22.01.2020 and since then the petitioners
discharging their duties continuously till today and
getting their remuneration.
(II) For issuance of any other
appropriate writ / writs, order/ orders direction /
directions for which the writ petitioners would be
entitled under the facts and circumstances of the
case.”
4. After advancing some argument, learned counsel
for the petitioners submits that for seeking the aforesaid reliefs,
the petitioners are prepared to file a representation before the
Registrar of the respondent-University and prays that if such
representations are permitted to be filed, an appropriate
direction be issued to the Registrar of the respondent-University
to dispose of the representations within a fixed time frame, after
giving an opportunity of hearing to the petitioners.
5. To the aforesaid submission being made by learned
counsel for the petitioners, learned counsel appearing for the
respondent-University and learned counsel appearing for the
respondent-State do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioners, this writ application
is disposed of granting liberty to the petitioners to file a
representation before the Registrar of the respondent-University
within two weeks from today and if such representations are
Patna High Court CWJC No.5607 of 2026(2) dt.28-04-2026
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filed by the petitioners within the stipulated time, the same
should be heard and disposed of within a further period of three
months from the date of receipt of the representations, after
giving an opportunity of hearing to the petitioners.
7. Needless to emphasize that the final order which
shall be passed by the Registrar of the respondent-University
should be a reasoned and speaking order. In case, the petitioners
are found entitled to the relief which the petitioners would be
claiming through the representations, the same should be
extended to the petitioners within a further period of two months
from the date of passing of the final order by the Registrar of the
respondent-University.
8. With the aforesaid observation/direction and liberty
granted, 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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