Patna High Court
Anju KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed of the writ petition by granting the petitioner liberty to file a fresh representation before the Vice‑Chancellor, who must decide it within a specified period, without adjudicating the substantive salary arrears claim.
Summary
Anju Kumari filed a writ petition seeking a mandamus directing the State of Bihar and Jai Prakash University to pay her salary arrears of Rs. 21,28,779 for the period April 2017 to June 2024. She offered to file a fresh representation before the Vice‑Chancellor of the university and requested that the representation be disposed of within a fixed time after a hearing. The university and the State raised no objection to this limited prayer. The High Court, noting the narrow scope of the request, granted her liberty to file the representation within one month and directed the Vice‑Chancellor to decide it within three months, with a further three‑month period to implement any relief. The court emphasized that the final order must be reasoned and speaking. Consequently, the writ application was disposed of without addressing the substantive salary claim.
Issues considered
- What relief, if any, can the court grant in a writ petition seeking payment of salary arrears?
- Whether the court can direct the university to decide a fresh representation within a stipulated time frame.
- Whether the petitioner’s limited prayer obviates the need for a full adjudication of the salary arrears claim.
Subjects
- salary arrears
- writ of mandamus
- representation
- university administration
- procedural direction
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5828 of 2026
======================================================
Anju Kumari Wife of Sukhdev Mahto, old resident of Kalisthan Road, Sareya
Ward No.4, P.O- Gopalganj, District- Gopalganj, present resident of BNR
Road, New Choudhary Tola, P.O.- Mahendru, P.S.- Sultanganj, Patna, Bihar-
800006.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, New Secretariat, Patna.
2. The Principal Secretary, Department of Higher Education, Government of
Bihar.
3. The Jai Prakash University, Saran, Chapra through the Registrar.
4. The Vice-Chancellor, Jai Prakash University, Saran, Chapra, District Chapra.
5. The Registrar, Jai Prakash University, Saran, Chapra, District- Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Sr. Adv.
Mr. Manas Rajdeep, Adv.
Ms. Adya Pandey, Adv.
Mr. S.K. Upadhyay, Adv.
Ms. Megha Rani, Adv.
For the Respondent/s : Mr. M.N.H Khan, SC-1
Ms. Babita Kumari, AC to SC-1
For J.P. University : Mr. Bindhyachal Rai, Adv.
Mr. Chandan Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner, learned
counsel for Jai Prakash University, Saran, Chapra and learned
counsel appearing for respondents-State.
2. With the consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner in the present writ application has
prayed for the grant of following reliefs:
“i. For issuance of an
appropriate writ in the nature of
Patna High Court CWJC No.5828 of 2026(2) dt.05-05-2026
2/3
mandamus for direction upon the
respondent authorities to pay the
arrears of the difference amount of
salary of petitioner for the period of
01.04.2017 to 30.06.2024 as
determined and fixed by the Pay
Verification Cell Letter no.
1404230300003 amounting to a total
of Rs. 21,28, 779/- only, which has not
been paid till date.
ii. For any other writ(s),
order(s), directions(s) that Your
Lordship may deem fit and
appropriate.”
4. After advancing some argument, learned counsel
for the petitioner submits that for claiming the aforesaid relief,
the petitioner is prepared to file a fresh representation before the
Vice-Chancellor, Jai Prakash University, Saran, Chapra,
(respondent no.4) and prays that if such a representation is filed
the Vice-Chancellor of Jai Prakash University, Saran, Chapra be
directed to dispose of the representation within a fixed time
frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid submission made by learned
counsel for the petitioner, learned counsel appearing for
respondent-University and respondents-State do not have any
objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner, this writ application is
disposed of granting liberty to the petitioner to file a fresh
Patna High Court CWJC No.5828 of 2026(2) dt.05-05-2026
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representation before the Vice-Chancellor, Jai Prakash
University, Saran, Chapra within one month from today. If such
a representation is filed within the stipulated time, the Vice-
Chancellor of Jai Prakash University, Saran, Chapra shall
dispose of the same within three months from the date of receipt
of the representation, after giving an opportunity of hearing to
the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the Vice-Chancellor of Jai Prakash
University, Saran, Chapra should be a reasoned and speaking
order and if the petitioner is found entitled to the relief, which
the petitioner would be claiming through the representation, the
same should be extended to the petitioner within a further period
of three months from the date of passing of the final order by
the Vice-Chancellor of the respondent University.
8. With the aforesaid observation, direction and
liberty as granted, the present writ application stands disposed
of. All pending I.As, if any will be deemed to have been
disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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