Patna High Court
Narhari SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court directed the Registrar of Jai Prakash University to dispose of the pending representation within four months and, if the petitioner is found entitled, to grant the salary arrears within three months of the final order.
Summary
The petitioner, a retired associate professor, filed a writ application seeking payment of salary arrears for the period January 2006 to July 2013 and directed the Registrar of Jai Prakash University to decide a representation he had filed on 28 July 2023. The petitioner alleged that the representation was pending and asked the court to compel the Registrar to dispose of it within a fixed time and to grant the arrears if the representation was found meritorious. The University’s counsel raised no objection to the prayer. The court, noting the limited nature of the relief sought, ordered the Registrar to dispose of the pending representation within four months of the production of the order, to give a reasoned decision, and, if the petitioner is entitled to the relief, to extend the arrears within three months of that decision. All interlocutory applications were deemed disposed. The writ application was therefore closed with these directions.
Issues considered
- Whether the court can direct the Registrar of a university to dispose of a pending representation within a specified time frame
- Whether the petitioner is entitled to salary arrears for the period claimed
Subjects
- salary arrears
- writ jurisdiction
- university administration
- pending representation
- retired government employee
- direction to administrative authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.741 of 2026
======================================================
Narhari Sharma Son of Late Ram Nagina Rai (Retired Associate Professor),
Resident of Village- Ramdeo Nagar, Mahadeva, Police Station- Mahadeva
(O.P.), District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Human
Resources Development, Government of Bihar, Patna.
2. The Joint Secretary, Education Department, Government of Bihar, Patna.
3. The Special Director, Secondary Education, Education Department,
Government of Bihar, Patna.
4. The District Magistrate, Siwan.
5. The District Education Officer, Siwan, District- Siwan.
6. The Registrar, Jai Prakash University, Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amir Alam, Adv
For the State : Mr. Sunil Kumar Mandal, SC -3
Ms. Neelam Kumari, AC to SC-3
For the J.P.U. : Mr. Bindhyachal Rai, Adv
Mr. Chandan Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 20-01-2026 Learned counsel for the petitioner is directed to make
correction in nomenclature of the respondent no. 6 during
course of the day.
Heard learned counsel for the petitioner, learned
counsel for the respondent-University and learned counsel for
the respondent-State.
3. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
4. In the present writ application, the petitioner has
Patna High Court CWJC No.741 of 2026(2) dt.20-01-2026
2/3
prayed for the grant of following reliefs:
“For issuance of an appropriate
writ(s), order or direction(s) to the
Respondents to make the payment of arrears
of differences of salary since January, 2006
to July, 2013 to the petitioner was a retired
Associate Professor from the D.A.V. College,
Siwan dated 31.07.2013 Department of
Physics.”
5. After advancing some argument, learned counsel
for the petitioner submits that for the reliefs claimed for in the
present writ application, the petitioner has already filed a
representation dated 28.07.2023 vide Annexure-P/4 before the
Registrar, Jai Prakash University, Saran at Chapra, which is still
pending. Learned counsel for the petitioner further prays that an
appropriate direction be given to the Registrar, Jai Prakash
University, Saran at Chapra to dispose of the pending
representation of the petitioner within a fixed time frame, after
giving an opportunity of hearing to the petitioner.
6. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-University does not have any objection.
7. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
Patna High Court CWJC No.741 of 2026(2) dt.20-01-2026
3/3
is disposed of directing the Registrar, Jai Prakash University,
Saran at Chapra to dispose of the pending representation of the
petitioner, which the petitioner claims was received in his office
on 28.07.2023 (Annexure-P/4) after giving an opportunity of
hearing to the petitioner, within four months from the date of
production of a copy of this order by the petitioner. Needless to
emphasize that the final order which shall be passed by the
Registrar, Jai Prakash University, Saran at Chapra should be a
reasoned and speaking order. In case, the petitioner is found
entitled to the relief claimed through representation, the same
shall be extended to the petitioner within a further period of
three months from the date of passing of the final order.
8. With the aforesaid observation/direction, 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)
kiran/-
U
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