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Patna High Court

Anju KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                      3/3




                    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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