Patna High Court
Shashikant Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The court directed the authorities to extend the consequential benefits to the petitioner within eight weeks, thereby disposing of the writ petition.
Summary
Shashikant Prasad Singh filed a writ petition seeking the extension of consequential benefits following a committee recommendation to regularise his service. The State of Bihar argued that the matter had already been settled and only a timeline for payment was needed. The petitioner relied on a supplementary counter‑affidavit citing a 2018 amendment to the Rules of Executive Business, Bihar, and a 2025 committee memo recommending regularisation and benefits. The court examined whether the earlier orders should be set aside in light of the committee’s recommendation and whether a specific deadline should be imposed for granting the benefits. It directed the Director of Higher Education and the Vice‑Chancellor of L.N. Mithila Darbhanga University to ensure the benefits are extended within eight weeks, subject to a representation by the petitioner within four weeks. Consequently, the writ petition was disposed of.
Issues considered
- Whether the earlier orders granting regularisation and consequential benefits to the petitioner should be set aside in view of the committee's recommendation.
- Whether the authorities should be directed to extend the consequential benefits within a specified time‑frame.
Subjects
- consequential benefits
- service regularisation
- writ petition
- higher education
- government order
- committee recommendation
- implementation
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8528 of 2023
======================================================
Shashikant Prasad Singh Son of Jalandhar Prasad Singh, Resident of Bathua
Buzurg, Ward No.-03, P.O and P.S.- Bathua Buzurg, District- Samastipur, Pin
Code- 848127.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Bihar, Patna.
2. Director, Higher Education, Education Department, Bihar, Patna.
3. L.N. Mithila Darbhanga University, Darbhanga through its Registrar.
4. Vice Chancellor, L.N. Mithila Darbhanga University, Darbhanga.
5. Registrar, L.N. Mithila Darbhanga University, Darbhanga.
6. Principal, U.P. College, Pusa, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhinav Srivastava, Adv.
Mr. Pushkar Bharadwaj, Adv.
Ms. Shreyashi Raj, Adv.
Mr. Chinmay Harsh Karn, Adv.
For the Respondent/s : Mr.Prabhakar Jha (GP27)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
8 08-05-2026 Mr. Abhinav Srivastava, learned senior counsel,
appearing on behalf of the petitioner, by referring to the
statement made in Para 30 & 31 of the supplementary counter
affidavit filed on behalf of the respondent nos. 1 & 2, submits
that the Cabinet Secretariat, Government of Bihar vide
notification no. 1093 dated 20.11.2018, amended the Rules of
Executive Business, Bihar, 1979 by adding a new serial no. 4 in
part (D) of fourth Schedule whereby to show compliance of
such matters, in which final adjudication have been passed by
Patna High Court CWJC No.8528 of 2023(8) dt.08-05-2026
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Hon’ble Supreme Court/High Court and if not possible to file
appeal/review petition against them, then such matters will be
placed before a committee under the Chairmanship of Chief
Secretary.
2. It has further been stated that the Committee
headed by the Chief Secretary has deliberated on the issue and
recommended to regularize the services of the petitioner and
late Sharda Sinha and further grant all the consequential benefits
to them, which is evident from the minutes of the meeting
contained in Memo No. 939 dated 06.02.2025. It is further
stipulated that the recommendation so made will not act as a
precedent for other cases.
3. At this stage, counsel for the petitioner submits
that in view of such categorical statement made in the
supplementary counter affidavit, this matter may be disposed of
with a direction upon the authorities to extend the consequential
benefits which, as per recommendation contained in Memo No.
939 dated 06.02.2025, which has till date not been received by
them.
4. Consequently, it has been submitted that since the issues
involved have already been revisited and a decision contrary to
the impugned order as contained in Memo No. 594 dated
Patna High Court CWJC No.8528 of 2023(8) dt.08-05-2026
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20.02.2023 and letter dated 22.02.2023 (Annexure-9 & 10),
have been taken and benefits has also to be extended in favour
of the petitioner, therefore, those orders need to be set aside in
view of the recommendation of the Committee.
5. On the other hand, counsel for the State submits
that since the issues have already put at rest and appropriate
decisions for grant of consequential benefits have also been
taken, a timeline may be framed for ensuring such payment
which originates from such decision.
6. Considering the submissions of the parties, this
Court directs the Director, Higher Education, Education
Department and the Vice Chancellor of the L.N. Mithila
Darbhanga University to ensure consequential benefits be
extended to the petitioner within a period of eight weeks from
the date of representation, which is to be filed by the petitioner
within a period of four weeks from today.
7. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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