Patna High Court
Shambhu PatelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioner to file a fresh representation and the university to adjudicate the claim, thereby disposing of the writ.
Summary
Shambhu Patel, a retired Head Assistant of Jagdam College, filed a writ petition seeking payment of group insurance, pension arrears, leave encashment, and other benefits from Jai Prakash University and B.R.A. Bihar University. He alleged that his earlier representation filed in 2022 remained unadjudicated and that the university had violated a 2017 government circular and various judicial pronouncements. The respondents argued that the pending representation should be decided by the university authorities. The Court held that the petitioner must file a fresh, detailed representation before the university within four weeks, and the university must issue a reasoned order within eight weeks if the claim is justified. Accordingly, the writ application was disposed of with directions for fresh representation and adjudication.
Issues considered
- Whether the Court can directly order payment of the petitioner’s claimed benefits without a fresh representation.
- Whether the petitioner’s pending representation before the university suffices for adjudication of his claims.
Subjects
- writ jurisdiction
- pension arrears
- group insurance
- leave encashment
- higher education
- representation
- court direction
- civil service benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6581 of 2022
======================================================
Shambhu Patel son of late Ram Sinhasan Prasad, Resident of 16/392,
Professor Colony, Mission Road, Dahiawan, District- Saran at Chapra, Pin-
841301.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Secretary cum Director, Higher Education, Govt. of Bihar, Patna.
3. The B.R.A. Bihar University, Muzaffarpur, through its Vice Chancellor.
4. The Registrar, B.R.A. Bihar University, Muzaffarpur.
5. The Registrar, Jai Prakash University, Chapra.
6. The Finance Officer, Jai Prakash University, Chapra.
7. The Principal, Jagdam College, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Tiwary
For the Respondent/s : Mr. Prabhakar Jha, GP-27
Mr. Vivekanand Singh
Mr. Bindhyachal Rai
Mr. Chandan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 30-01-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. Defect(s) pointed out by the Office is ignored.
3. The instant writ application has been filed for the
following reliefs:-
A. The respondents J.P. University, Chapra may
kindly be directed to ensure immediate payment
of:-
(i) Group Insurance Amount to the
tune of Rs.2,78,535/- with 12.5% compound
interest (in continuity) till the date of final
payment.
(ii) Rs.7,33,830/- towards arrear/
Patna High Court CWJC No.6581 of 2022(4) dt.30-01-2026
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differential arrears of pensions on account of pay
revision w.e.f. 01.01.2016, admissible for the
period.
(iii) Rs.8514/- towards leave
encashment amount as against 300 days of EL only
297 days. E.L. has been allowed in complete
violation of the Govt. Circular issued vide memo
no.330 Est. dated 08.03.2017 and several judicial
pronouncements made by the Hon’ble Court in this
regard.
(iv) The monetary benefit towards the
ACP/MACP Scheme also may kindly be extended
in view of the Hon’ble Apex Court decision passed
in Sunny Prakash case i.e. Civil Appeal No.2516 of
2013 (arising out of SLP (C) No.22617/2008)
B. The respondents B.R.A. Bihar Jai Prakash
University, Chapra also may kindly be directed to
ensure immediate payment of:-
(i) Differential arrear towards pay and
allowances admissible before October 1992 (i.e.
prior to creation of the J.P. University, Chapra, in
view of the Hon’ble Court’s decision reported in
2000(3) PLJR 744.
(ii) Deferred D.A. and Group
Insurance amount with upto statutory interest
(while furnishing calculation chart) in view of the
Hon’ble Court decision reported in 2006(4) PLJR
369.
C. Any other relief(s) for which the petitioner may
be found entitled to in the facts and circumstances
of the case.
4. Learned counsel for the petitioner submits that an
appropriate representation was filed in the year 2022 itself, but
it has not been adjudicated to date. It is further submitted that
the petitioner retired in 2016 as Head Assistant from Jagdam
College, Chapra, which was initially under the jurisdiction of
B.R.A. Bihar University and later came under the jurisdiction of
Patna High Court CWJC No.6581 of 2022(4) dt.30-01-2026
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J.P. University.
5. Learned counsel for B.R.A. University and J.P.
University submits that since the petitioner’s representation is
already pending before the authorities of J.P. University,
appropriate directions may be issued for passing an order
adjudicating the petitioner’s claim.
6. Considering the submissions of the parties, this
Court finds it appropriate to direct the petitioner to file a fresh
representation, along with all supporting documents, including a
copy of this order, before Respondent No. 5 within four weeks
from today. On filing such representation, Respondent No. 5 is
directed to adjudicate the petitioner’s claim by passing a
reasoned and speaking order. If the petitioner’s claim is found to
be justified, the benefits shall also be extended in his favour
within a further period of eight weeks from the date of
representation.
7. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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