Patna High Court
Prof. Mahendra JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The petition is disposed; petitioners are directed to file representation and their claims will be adjudicated in accordance with the earlier judgment.
Summary
The petitioners, retired university professors, filed a writ petition seeking a mandamus directing the State of Bihar and Lalit Narayan Mithila University to pay the balance of their gratuity, earned leave, and the Gratuity Interest Component (GIC) with interest. The court noted that gratuity and earned leave had already been paid, and that the remaining dues of GIC and interest had been previously adjudicated by a Division Bench in LPA No.196/2022. The petitioners were therefore directed to file individual representations before the University Registrar within four weeks, to be decided within eight weeks, and any admissible claim to be paid within six weeks. The court ordered that the admissibility of the claims be determined by reference to the earlier judicial decisions. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners are entitled to the Gratuity Interest Component (GIC) and interest on it.
- Whether the petitioners may seek a mandamus for direct payment of the said amounts.
- Procedural requirement for filing representation before the University Registrar.
Subjects
- gratuity
- earned leave
- GIC
- interest
- mandamus
- writ petition
- representation
- university retirement benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9465 of 2025
======================================================
1. Prof. Mahendra Jha S/o Late Yogeshwar Jha, Resident of- Loknathpur, Ward
No.- 10, near N.A.C. office, Dalsinghsarai, District- Samastipur, retired as
University Professor, in the subject of Botany, R.B. College Dalsinghsaral,
Samastipur.
2. Arshi Khatoon, W/o Late Maqbool Ahmad, Resident of - Wazeerganj Chela
Chawni, Faizabad, Uttar Pradesh.
3. Prof. Bisheshwar Pd. Sinha, S/o Ram Saran Lal, Resident of Harpur
(Ashoka Hotel Ki Gali) Near Bol Barn Jal, Balli, Balliacity, Ballia, U.P.
retired as University Professor, in the subject of Psychology, R.B. College
Dalsinghsarai, Samastipur.
4. Urmila Thakur, W/o Late Ram Bharat Thakur, Resident of village-
Loknathpur Ganj, Ward No.-12, Dalsinghsarai, District- Samastipur.
5. Ajit kumar Singh, S/o Late.Uma Ranjan Bahadur Singh, Resident of Saroj
Kumar, Adarsh Colony, Road No.- 3, Golki More, Khemnichak, District-
Patna, retired as Associate Professor, in the subject of Psychology, R.B.
College Dalsinghsarai, Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga.
4. The Registrar, Lalit Narayan Mithila University, Darbhanga.
5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Singh
For the State : Mr.Sayed Hussain Majeed, AC to SC6
For the University : Ms.Alka Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 22-01-2026 In the instant petition, petitioners have prayed for the
following relief(s):-
“(i) For issuance of an
appropriate writ in the nature of
Mandamus, Commanding and directing
Patna High Court CWJC No.9465 of 2025(3) dt.22-01-2026
2/3
the respondent authorities to make
payment the rest amount of gratuity i.e.
amounting Rs. 10,00,000/-, difference of
earn leave on account of revision
effective w.e.f. 01.01.2016 to all the
petitioners and payment of GIC @ 12.5%
compound interest in view LPA
No.196/2022, order dated 03.03.2025 to
the petitioner no. 3, 4 and 5.
(ii) For issuance of an
appropriate writ in the nature of
Mandamus, Commanding and directing
the respondent authorities to make
payment the amount of interest in view of
Judgment passed in CWJC No.
6852/2021 (Lilawati Mishra Vs the State
of Bihar & ors)
(iii) For issuance of any other
appropriate writ/writs, order/orders,
direction/ directions for which the writ
petitioner shall be found entitled under
the facts and circumstances of the case.”
2. Counsel for the petitioners fairly submits that
pursuant to the order passed by this Court gratuity and earned
leave has already been paid to these petitioners. While with
regard to the remaining dues, that is GIC and its interest, these
issues have already been adjudicated by Hon’ble Division Bench
in the case of LPA No. 196 of 2022 (The Lalit Narayan Mithila
Univesrity & Ors. vs. Yogendra Roy & Ors.) dated 03.03.2025
and similarly situated persons have already been paid the said
amount.
3. Be that as it may, petitioners seek liberty for the
grievances with respect to GIC and its interest, to file
Patna High Court CWJC No.9465 of 2025(3) dt.22-01-2026
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representation before the Registrar, Lalit Narayan Mithilia
University, Dharbhanga, who may be directed to adjudicate their
claims strictly in consonance with the similarly situated persons,
who have been allowed such benefits, and also taking into
account the judgment of Hon’ble Division Bench, for which the
petitioners are directed to file individual representation within a
period of four weeks from today, which shall be adjudicated
within a period of eight weeks from the date of representation
with the copy of the order.
4. Needless to say, in case such representation is filed,
then the admissibility of such claims shall be adjudicated by
referring to the adjudication made on the judicial forums and if
the claim is found admissible, the same shall be paid within a
period of six weeks from the date of filing of representation.
5. Accordingly, the instant writ petition stands
disposed of.
(Ajit Kumar, J)
abhishekkr/-
U
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