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Patna High Court

Shashikant Prasad SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                      3/3




                    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/-

U


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