Patna High Court
Prof. Ganga Prasad YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted liberty to the petitioner to file a fresh representation before the registrar and directed the registrar to dispose of it within a specified period.
Summary
Prof. Ganga Prasad Yadav filed a writ petition seeking payment of arrears of salary, pre‑retiral dues and interest from Lalit Narayan Mithila University. He acknowledged partial payment of the dues claimed under paragraph (i) and full payment of the strike period arrears under paragraph (ii). The petitioner sought a direction for the university registrar to dispose of a fresh representation for the balance amount within a fixed time. The university and the State raised no objection to the limited prayer. The court, with consent of the parties, disposed of the writ by granting liberty to file the representation within two months and directing the registrar to decide it within three months, with a reasoned order and payment within three months thereafter. All pending interlocutory applications were deemed disposed.
Issues considered
- Whether the petitioner is entitled to the balance amount of pre‑retiral dues claimed under paragraph (i).
- Whether the court can direct the university registrar to dispose of a fresh representation within a stipulated time.
Subjects
- arrears of salary
- pre‑retiral dues
- civil writ jurisdiction
- university administration
- representation
- higher education
- interest on dues
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7838 of 2017
======================================================
Prof. Ganga Prasad Yadav Son of Late Buniyadi Yadav, resident of Village-
Birauli, P.S.- Benipatti, District- Madhubani.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Higher Education,
Government of Bihar, Patna.
2. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga.
3. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga.
4. The Financial Advisor, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga.
5. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga.
6. The Budget and Accounta Officer, Lalit Narayan Mithila University,
Kameshwar Nagar, Darbhanga.
7. The Principal, Kalidas Vidyapati Science College, Uchchaith, Benipatti,
District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Jha, Adv
For the State : Mr.Ram Vinay Pd. Singh, Adv
For the University : Mr.Alka Verma, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
9 06-01-2026 Heard learned counsel for the petitioner, learned
counsel for the respondent-University and learned counsel 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 petitioner has
prayed for the grant of following reliefs:
Patna High Court CWJC No.7838 of 2017(9) dt.06-01-2026
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“(i) For payment of difference
arrears of salary and other pre retiral dues
amounting to rupees 12,10,916 (Rs. Twelve
lacs ten thousand nine hundred and sixteen
under different head such as difference of
U.G.C. Pay Scale, two increments for
acquiring the Ph.D Degree and other heads.
(ii) For payment of arrears of
salary for the strike period i.e. from August
2000 to 9th December 2000 in pursuant to
the order dated 29.06.2011 passed in M.J.C.
No. 550 of 2010 passed by this Hon’ble
Court.
(iii) For payment of interest over
the admitted amount of pre retiral dues for
the delayed payment by the respondent
University.
(iv) For that any other
relief/reliefs for which the petitioner is
deemed to be entitled in the eye of law.”
4. While advancing argument, learned counsel for the
petitioner admits that as against the relief claimed in paragraph
1(i), the petitioner has received part payment but some dues is
still to be paid to the petitioner. So far as the relief claimed in
paragraph 1(ii) is concerned, the petitioner admits that the entire
relief has been granted and payment has been made to the
petitioner. Learned counsel for the petitioner, therefore, submits
Patna High Court CWJC No.7838 of 2017(9) dt.06-01-2026
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that for claiming the balance amount of payment with regard to
relief claimed in paragraph 1(i), the petitioner is prepared to file
a fresh representation before the Registrar of the University and
prays that an appropriate direction be issued to the Registrar of
the University to dispose of the representation filed by the
petitioner within a fixed time frame, after giving an opportunity
of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsels appearing for
respondent-University and respondent-State do not have any
objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a fresh
representation before the Registrar of the University for
claiming the balance amount of payment, which as per the
petitioner is still due to be paid to him. This representation must
be filed within two months from today and if such a
representation is filed within the stipulated time then the
Registrar of the University is directed to dispose of the same
within a further period of three months from the date of filing of
the representation, after giving an opportunity of hearing to the
Patna High Court CWJC No.7838 of 2017(9) dt.06-01-2026
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petitioner. Needless to emphasize that the final order which shall
be passed by the Registrar of the University should be a
reasoned and speaking order. It is made clear that in case, the
petitioner is found entitled to the payment which the petitioner
would be claiming through the representation, the same should
be paid to the petitioner within a further period of three months
from the date of passing of the final order.
7. 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)
kiran/-
U
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