Patna High Court
Arvind Narayan SinghversusThe T.M. Bhagalpur University, Bhagalpur
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the writ petitions shall be disposed of in accordance with the order in Shanti Singh, directing the authorities to extend similar superannuation benefits if the petitioners are found entitled.
Summary
The Patna High Court heard three writ petitions (CWJC Nos. 8839, 7822 and 9266 of 2022) filed by former employees of T.M. Bhagalpur University seeking superannuation benefits. The petitioners relied on the earlier judgment in Shanti Singh v. T.M. Bhagalpur University (CWJC No. 16128 of 2019), which directed the university to grant such benefits. The university and the State of Bihar did not contest the principle that the earlier order should be applied to similarly situated claimants. The Court observed that the authorities have complied with the earlier direction and ordered them to decide the petitioners' claims and extend the benefits within three months, provided the petitioners are found entitled on adjudication. Accordingly, all the writ applications were disposed of, with a directive to implement the benefits in line with the Shanti Singh order.
Issues considered
- Whether the petitioners are entitled to superannuation benefits on the same terms as granted to Shanti Singh.
- Whether the earlier judgment in Shanti Singh v. T.M. Bhagalpur University is binding on the present petitions.
- Whether the university and the State must extend the benefits within a specified time frame.
Subjects
- superannuation benefits
- writ petition
- higher education
- university administration
- precedent
- administrative law
- equal treatment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8839 of 2022
======================================================
Punam Devi W/o Late Ravindra Prasad Sinha, Resident of - 40, Baba Tola,
Kheraihiya, Akbarnagar, P.S.- Akbarnagar, District - Bhagalpur, PIN Code-
813223.
... ... Petitioner/s
Versus
1. The T.M Bhagalpur University Bhagalpur, through its Registrar.
2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Pro Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.
4. The Financial Advisor, T.M. Bhagalpur University, Bhagalpur.
5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
6. The Principal, B.N. College, Bhagalpur, Town and District - Bhagalpur.
7. The State of Bihar, through the Principal Secretary, Education Department,
Government of Bihar, New Secretariat, Patna.
8. The Secretary, Education Department, Government of Bihar, New
Secretariat, Patna.
9. The Director, Department of Higher Education, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7822 of 2022
======================================================
Anupam Anand Verdhan S/o Late Shiv Nandan Prasad, Resident of Naisheel
Niketan, U.N. Bagchi Road, Mashakchak, Bhagalpur, Bihar - 812001.
... ... Petitioner/s
Versus
1. The T.M. Bhagalpur University, Bhagalpur through its Registrar.
2. The Vice - Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Registrar, T.M. Bhagalpur University, Bhagalpur.
4. The Financial Advisor, T.M. Bhagalpur University, Bhagalpur.
5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
6. The Principal, B.N. College, Bhagalpur, Town and District - Bhagalpur.
7. The State of Bihar, through the Principal Secretary, Education Department,
Government of Bihar, New Secretariat, Patna.
8. The Secretary Education Department, Government of Bihar, New
Secretariat, Patna.
9. The Director, Department of Higher Education, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Patna High Court CWJC No.8839 of 2022(9) dt.10-04-2026
2/4
with
Civil Writ Jurisdiction Case No. 9266 of 2022
======================================================
1. Arvind Narayan Singh S/o Late Baldeo Prasad Singh Resident of Radha
Rani Sinha Road, Adampur, P.S.- Adampur, District- Bhagalpur.
2. Lalan Kumar Choudhary S/o Late Jyotish Chandra Choudhary Resident of
Village and Post- Marwa, P.S.- Bihpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The T.M. Bhagalpur University, Bhagalpur through its Registrar,
2. The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Pro Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.
4. The Financial Advisor, T.M. Bhagalpur University, Bhagalpur.
5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
6. The Principal, B.N. College, Bhagalpur, Town and District- Bhagalpur.
7. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, New Secretariat, Patna.
8. The Secretary, Education Department, Government of Bihar, New
Secretariat, Patna.
9. The Director, Department of Higher Education, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 8839 of 2022)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
For the State : Mr. Ram Vinay Pd. Singh, AC to GAXII
For the TM Univ. : Mr. Ashhar Mustafa, Adv.
Mr. Ritesh Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 7822 of 2022)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
For the State : Mr. Subhash Chandra Mishra (Sc16)
For the TMB University : Mr. Ashhar Mustafa, Adv.
Mr. Ritesh Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 9266 of 2022)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
For the State : Mr. Subhash Chandra Mishra (Sc16)
For the TMB University : Mr. Ashhar Mustafa, Adv.
Mr. Ritesh Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
9 10-04-2026 Heard learned counsel for the parties in all the cases.
2. Counsel for the petitioners, by referring to the
Patna High Court CWJC No.8839 of 2022(9) dt.10-04-2026
3/4
judgment rendered by the Co-ordinate Bench of this Court vide
order dated 24.10.2024 passed in CWJC No. 16128 of 2019
(Shanti Singh vs. T.M. Bhagalpur University & Ors.), submits
that the cases of the petitioners are squarely covered by the said
judgment and, therefore, these cases may also be disposed of in
similar terms.
3. It is next submitted that, pursuant to the order
passed in the aforementioned case, the authorities of T. M.
Bhagalpur University are said to have complied the direction so
issued and the superannuation benefits, which have been
directed by the Court, the same has been extended as per its
entitlement.
4. Counsel for the respondent State submits that the
authorities may be directed to decide the claim of the petitioners
and extend the similar benefits as has been granted to Shanti
Singh (supra), if the cases of these petitioners are also found to
be similarly situated, on its adjudication.
5. On the other hand, counsel for the T.M. Bhagalpur
University does not dispute the submissions made by the
counsel for the petitioners and submits that these cases may be
disposed of in the similar terms by directing the authorities to
extend similar benefits, if the case of these petitioners are found
Patna High Court CWJC No.8839 of 2022(9) dt.10-04-2026
4/4
to be similar on adjudication.
6. Considering the stand of the parties, all these writ
applications are disposed of in the light of the order passed by
the Co-ordinate Bench of this Court in the case of “Shanti
Singh” (supra) and, it is expected that necessary decision shall
be taken within a period of three months from today and all such
benefits for which these petitioners are found entitled at par with
that of Shanti Singh (supra) on its adjudication, the same shall
also be extended to the petitioners, within the same time.
7. With the aforementioned observation and direction,
all the writ applications are disposed of.
(Ajit Kumar, J)
rishi/-
U
Checking your session…