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Patna High Court

Bihar through the Principal Secretary,versusJanardan Prasad Singh

Decided
Disposal
DISMISSED

Holding

The Court held that contempt jurisdiction is confined to ensuring compliance with the earlier order and cannot entertain merits of the grant‑in‑aid dispute, so the impugned order is valid and the appeals are dismissed.

Summary

Janardan Prasad Singh, a former lecturer, sought back wages, pension and grant‑in‑aid benefits claiming his appointment pre‑dated the 1982 policy change. The High Court had earlier quashed the State's order denying benefits and directed the university to calculate the amount payable, which it did, arriving at Rs 54,96,294 based on the UGC 400‑950 pay scale. The State and the universities appealed the order in contempt proceedings, arguing that the court exceeded its jurisdiction by addressing the merits of the benefit claim. The Court examined the scope of contempt jurisdiction, citing Supreme Court authority that contempt orders cannot decide substantive disputes, and held that the lower court merely directed compliance with its earlier order. Consequently, the Court found no error in the contempt order and dismissed both Letters Patent Appeals, directing the State to release the calculated amount.

Issues considered

  • The scope of contempt jurisdiction under the Contempt of Courts Act, 1971, particularly whether a contempt order can adjudicate the merits of a grant‑in‑aid dispute.
  • Whether the High Court exceeded its jurisdiction by directing the applicable UGC pay scale and granting benefits beyond the 1982 policy cut‑off.
  • Whether the impugned order dated 03‑04‑2025 is liable to be set aside.

Legislation cited

Subjects

  • contempt jurisdiction
  • letters patent appeal
  • grant‑in‑aid
  • financial assistance
  • U.G.C. pay scale
  • pre‑1982 affiliation
  • Section 19 Contempt of Courts Act
  • intra‑court appeal
  • special leave to appeal
  • review petition
  • curative petition

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.552 of 2025
                                         In
                  Miscellaneous Jurisdiction Case No.4570 of 2018
     ======================================================
     Janardan Prasad Singh, Son of Late Ram Lakhan Singh, Resident of Village
     Rupaspur, Post-Gosaimath, Police Stattion-Chandi District-Nalanda.
                                                                 ... ... Appellant
                                       Versus
1.    The State of Bihar through the Principal Secretary, Education Department,
      Government of Bihar, Patna.
2.   The Director, Higher Education Department, Government of Bihar, Patna.
3.   The Vice-Chancellor, Magadh University
4.   The Registrar, Magadh University,
5.   The Vice-Chancellor, Patliputra University, Patna.
6.   The Registrar, Patliputra University, Patna.
                                                              ... ... Respondents
     ======================================================
                                        with
                       Letters Patent Appeal No. 534 of 2025
                                         In
                  Miscellaneous Jurisdiction Case No.4570 of 2018
     ======================================================
1.    The State of Bihar through the Principal Secretary, Education Department
     Namely Mr. R.K. Mahajan.
2.   The Director, Higher Education Department, Govt. of Bihar, Patna namely
     Mr. Sushil Kumar.
                                                                  ... ... Appellants
                                      Versus
1.   Janardan Prasad Singh Son of Late Ram Lakhan Singh, Resident of Village -
     Rupaspur, Post - Gosainmath, Police Station - Chandi, District- Nalanda.
2.   The Vice - Chancellor, Magadh University, namely Dr. Kamar Ahsa. The
     Registrar, Magadh University, namely Colonel Pranav Kumar.
3.   The Vice Chancellor, Patliputra University, Patna, namely Dr. Gulabchand
     Ram Jaiswal.
4.   The Registrar, Magadh University, Namely Colonel Pranav Kumar,
5.   The Registrar, Patliputra University, Patna namely Colonel Manoj Kumar
     Mishra.
                                               ... ... Respondents
     ======================================================
     Appearance :
     (In Letters Patent Appeal No. 552 of 2025)
     For the Appellant/s      :       Mr. Dipak Kumar, Advocate
     For the Respondent/s     :       Mr. Sarvesh Kumar Singh, AAG-13
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                                        Mr. Ravi Kumar, AC to AAG-13
                                        Mr. T.P. Singh, AC to AAG-3
       For the MU               :       Mr. Harsh Singh, Adv.
       For the PPU              :       Mr. Rana Vikram Singh, Adv.
                                        Mrs. Rasika, Adv.
       (In Letters Patent Appeal No. 534 of 2025)
       For the Appellant/s      :       Mr. P.K. Shahi, AG
                                        Mr. Sarvesh Kumar Singh, AAG-13
                                        Mr. Ravi Kumar, AC to AAG-13
       For the Respondent/s     :       Mr. Dipak Kumar, Advocate
       ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                                  and
                  HONOURABLE MR. JUSTICE HARISH KUMAR
       CAV JUDGMENT
                (Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

         Date : 26-02-2026

                      Heard the learned counsel appearing for the respective

         parties in both the appeals.

                      2. Since both the appeals arise out of the order passed

         in M.J.C. No. 4570 of 2018 (in C.W.J.C. No. 8120 of 2016),

         they were heard together and are being disposed of by this

         common order.

                      3. L.P.A. No. 552 of 2025 has been preferred by the

         writ petitioner–appellant, Janardan Prasad Singh, assailing the

         impugned order dated 03.04.2025 passed in M.J.C. No. 4570 of

         2018. On the other hand, L.P.A. No. 534 of 2025 has been filed

         by the State of Bihar and its authorities challenging the same

         impugned order.

                      4. The brief facts leading to the filing of the present

         appeals are as follows:-

                      (i) The writ petitioner–appellant had preferred
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         C.W.J.C. No. 8120 of 2016 for the following reliefs:-

                                  “(i) For quashing the information/order
                          dated 23.12.2014 as well as dated 19.02.2015
                          by the respondent no. 4 contained in Annexure:
                          12/1 and 12/2 by which it has wrongly been
                          held without giving any reason that the case of
                          the petitioner comes under the purview of "Vitt
                          Rahit Shiksha Niti" which came into force from
                          19.10.1982 and in the light of that, the
                          representation of the petitioner is not liable to
                          be considered.
                                  (ii) For issuance of an appropriate
                          writ/writs, order/orders, direction/directions to
                          the respondents-State specially Respondent No.
                          2 to 5 to pay arrear of admissible salary to the
                          petitioner with effect from 09.08.1985 to
                          30.06.2013 similar to the employees working in
                          deficit grant affiliated colleges as the affiliation
                          of G.D.M. College, Harnaut, Nalanda was
                          granted on 09.09.1981 by the State Govt. under
                          "Vitt Sahit Shiksha Niti" and the petitioner was
                          appointed to the first post of Mathematics
                          subject as Lecturer on 16.02.1979 i.e. much
                          prior to 19.10.1982, the date on which "Vitt
                          Rahit Shiksha Niti" came into force.
                                  (iii) For issuance of an appropriate
                          writ/writs, order/orders, direction/directions to
                          the respondents to treat the service of the
                          petitioner as Lecturer to the first post of
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                          Mathematics         subject   of   G.D.M.     College,
                          Harnaut, Nalanda from the date of his initial
                          appointment dated 16.02.1979 concurred by the
                          Bihar College Service Commission vide its
                          memo no. 593 dated 09.08.1985 under the
                          provisions of Bihar State Universities Act, 1976.
                                  (iv) For issuance of an appropriate
                          writ/writs, order/orders direction/directions to
                          the respondents-State to fix pension and to
                          allow other financial admissible benefits with it
                          for the petitioner similar to employees working
                          in deficit grant affiliated colleges under the
                          provisions contained in Governor's Secretariat
                          letter vide no. BSU 47/2013-93 GS(1) dated
                          15.01.2014.
                                  (v) For all consequential reliefs to which
                          the petitioner is found entitled in course of
                          hearing of this writ application.”

                      (ii) The afore-noted writ petition was disposed of vide

         order dated 27.03.2018, which reads as follows:-

                                  “In view of the aforesaid fact the State is
                          not allowed to treat differently even in the
                          matter of distribution of largess and bounty as
                          held out by the Apex Court in the case of R.D.
                          Shetty vs. IAAI & Ors reported in AIR 1979
                          Supreme Court 1628 in the matter of granting
                          financial      assistance     to   the   college,   the
                          respondent State cannot adopt two yardsticks
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                          one for college in question and different
                          yardstick for other affiliated colleges granted
                          affiliation prior to cut off date of 9.12.1982.
                                  In view of the discussion above, the order
                          contained in Annexure-12/1 and 12/2 dated
                          23.12.2014 and 19.02.2015 cannot sustain and
                          it is accordingly quashed. The respondents are
                          directed to work out the financial assistance
                          admissible to the petitioner institution within a
                          maximum period of six months from the date of
                          receipt/production of a copy of this order.
                                    With the aforesaid, the writ petition
                          stands disposed of.”

                       (iii) Aggrieved, the State of Bihar preferred an intra-

         court appeal, being L.P.A. No. 1312 of 2018, which came to be

         dismissed with the observation that the writ-petitioner may

         pursue the contempt proceedings stated to be pending before the

         learned Single Judge, namely M.J.C. No. 4570 of 2018. The

         State of Bihar thereafter assailed the order dated 27.02.2019

         passed in L.P.A. No. 1312 of 2018 by filing Special Leave to

         Appeal (C) No. 1233 of 2019 before the Hon’ble Supreme

         Court. The said Special Leave Petition was dismissed on

         29.08.2023, wherein the Hon’ble Supreme Court was pleased to

         affirm the view taken by the High Court, particularly in light of

         the fact that similarly situated institutions had been extended the
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         benefits in question.

                      (iv) The State of Bihar preferred Review Petition

         (Civil) No. 799 of 2024, which came to be dismissed on

         23.04.2024. Thereafter, the State filed Curative Petition (Civil)

         No. 159 of 2024, which was also dismissed on 24.09.2024.

                      (v) Notwithstanding the order passed by the learned

         Single Judge in C.W.J.C. No. 8120 of 2016, which stood

         affirmed up to the Hon’ble Supreme Court, and despite

         dismissal of both the Review Petition and the Curative Petition,

         the State and the University failed to comply with the directions

         issued therein. Consequently, the writ petitioner pressed M.J.C.

         No. 4570 of 2018.

                      (vi) During the course of hearing in M.J.C. No. 4570

         of 2018, the learned Single Judge took note of the averments

         made in the show cause affidavit filed on behalf of the State

         authorities, wherein it was stated that the Department had issued

         directions to the concerned University/College to compute the

         financial assistance admissible to the writ petitioner. In view of

         the aforesaid facts, vide order dated 10.12.2024 passed in

         M.J.C. No. 4570 of 2018, the University was directed to

         constitute a Special Committee for calculation of the admitted

         dues payable to the writ petitioner in compliance with the earlier
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         directions. Subsequently, Patliputra University filed a second

         supplementary show cause affidavit annexing the recalculated

         claim along with the second interim report of the Special

         Enquiry Committee. It was further informed that a demand for

         funds had been submitted to the State Government for

         disbursement of payment to the writ petitioner. However, upon

         consideration, it was found that the calculation undertaken by

         Patliputra University did not include the amount accruing

         towards pensionary benefits after the voluntary retirement of the

         writ petitioner on 03.06.2013. Accordingly, the Registrar of

         Patliputra University was directed to pass a reasoned and

         speaking order on the petitioner’s representation, which had

         been sent through speed post on 30.01.2024. The University was

         further directed to furnish complete details of the petitioner’s

         monthly pension from the date of his superannuation. The

         Principal Secretary, Education Department, Government of

         Bihar and the Director, Higher Education Department,

         Government of Bihar were also directed to take necessary steps

         to ensure release of the funds as requisitioned by Patliputra

         University.

                        (vii) Subsequently, in pursuance of the order dated

         20.12.2024 passed in M.J.C. No. 4570 of 2018, the Patliputra
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         University filed third supplementary show cause, bringing on

         record a reasoned order passed by the Registrar of the

         University on 16.01.2025. However, the concerned College

         contradicted the claim of the writ petitioner as well as the

         Patliputra University; hence, the Registrar of the Patliputra

         University was directed to verify the original records of the

         concerned college and the documents filed or relied upon by the

         writ petitioner.

                      (viii) Finally, a fourth supplementary show cause

         came to be filed on 19.02.2025, wherein it has been

         categorically stated that as per the record submitted by the

         Principal, G.D.M. College, the total outstanding arrears payable

         to the writ petitioner calculated and came to Rs. 54,96,294.

                      (ix) The writ petitioner, on the other hand, filed a

         rejoinder in response to the fourth supplementary show cause

         submitted by the Patliputra University with a grievance that as

         per the latest calculation chart provided by the college, the writ

         petitioner's basic pay has been shown in the scale of Rs. 400-

         950, contrary to the petitioner's entitlement to the pay scale of

         Rs.700-1600. Grievance has also been raised that the writ

         petitioner has also been denied from his due promotion despite

         the clear prescription of the statute applicable to him. It is also
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         submitted by the learned counsel for the writ petitioner that

         similarly situated teaching staff of Purvottar Railway College,

         Sonepur, who were also appointed to the first post prior to

         coming into ववत रवहत वशका नीवत i.e. 09.12.1982 and retired after

         31.08.2010 are getting post retirement benefit like other

         employees of the constituent colleges.

                       (x) On the contrary, learned counsel for the opposite

         party nos.1 and 2 in M.J.C. No. 4570 of 2018 filed fifth

         supplementary affidavit and submitted that the matter was

         placed before the Empowered Committee constituted under the

         Chief      Secretary       and      the      said   Committee   made   its

         recommendation in compliance with the order of this Court and

         based upon such recommendation, the Department had passed a

         speaking order on 12.11.2024 vide Memo No. 1580, whereby

         payment to the eligible teaching and non-teaching staff of the

         college was directed for the period from the date of

         intermediate-level affiliation granted to the said college i.e.

         09.09.1981 to 19.10.1982 by treating the college as if it was a

         deficit grant college. The Department of Higher Education

         further vide Memo No.1115 dated 05.08.2024, requested the

         Registrar of the concerned University to make a statement after

         verifying all the relevant facts in terms with the afore-noted
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         direction.

                      (xi) The University calculated the financial assistance

         admissible to the writ petitioner amounting to Rs. 54,96,294/-

         based on the U.G.C. pay scale of Rs. 400-950 computing from

         the date of creation of post. The writ petitioner again contended

         that the applicable U.G.C. pay scale should be Rs.700-1600, and

         the payment should have been made accordingly.

                      5. After careful consideration of the materials brought

         on record by the respective parties, the learned Single Judge has

         categorically observed that the disputed question of fact cannot

         be adjudicated in the present proceeding. Accordingly the

         contempt application was disposed of with the following

         observations:-

                                  “17.      In      the   aforesaid   facts   and
                          circumstances as well as the submissions of the
                          parties, the University has already calculated
                          the    financial       assistance    payable   to   the
                          petitioner i.e., amounting to Rs.54,96,294/-
                          (Fifty four lakhs ninety- six thousand two
                          hundred ninety- four). Therefore, it is the
                          liability of the State to disburse the said amount
                          in compliance of the order dated 27-03-2018,
                          passed in C.W. J.C. No. 8120 of 2016, within a
                          period of six weeks.
                                  18. It is made clear that the amount
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                          required to be paid to the petitioner, as
                          mentioned above, must be positively paid within
                          the stipulated time. Furthermore, petitioner’
                          claim, if any, shall remain open for challenging
                          the    calculation          done   by   the   respondent
                          authorities. The fact remains that the Opposite
                          Parties- authorities have worked out the
                          financial assistance admissible to the petitioner
                          as required by this court’s order dated 27-03-
                          2018, and they have calculated the amount
                          required to be paid to the petitioner though
                          belatedly.
                          19. Thus, this Court disposes of the instant
                          contempt application in the light of the
                          aforesaid direction.”

                      6. Learned counsel appearing on behalf of the writ

         petitioner–appellant in L.P.A. No. 552 of 2025 has vehemently

         contended that the learned Single Judge, while disposing of the

         contempt application by the impugned order, failed to adjudicate

         upon the specific claim of the writ petitioner as to whether he

         was/is entitled to the monetary benefits as directed in the

         connected writ petition, being C.W.J.C. No. 8120 of 2016. It is

         submitted that the writ petitioner is entitled to all consequential

         benefits granted to the colleges which were accorded affiliation

         prior to 09.12.1982. It is further contended that the order passed

         by the Registrar is wholly unreasoned and does not address or
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         decide the claim of the writ petitioner. It is also asserted that the

         learned Single Judge failed to appreciate that there exists no

         disputed question of fact in the present case, as the entire claim

         of the writ petitioner is founded upon the relevant statutory

         provisions and the Government notification.

                      7. Adverting to L.P.A. No. 534 of 2025, preferred by

         the State and its authorities, Mr. P.K. Shahi, the learned

         Advocate General, has submitted with all his vehemence that

         the learned Single Judge proceeded to dispose of the contempt

         application with direction which was not there in the order

         under contempt. The learned Single Judge vide its order dated

         27.03.2018 in C.W.J.C. No. 8120 of 2016, directed to consider

         the case of the writ-petitioner institution as being covered under

         the pre-ववत रवहत वशका नीवत and grant all the admissible benefits

         to the colleges which had been granted affiliation prior to

         09.12.1982. The authorities were further directed to work out

         the financial assistance admissible to the writ petitioner. The

         said order was assailed by the State in L.P.A. No. 1312 of 2018,

         which came to be dismissed by the learned Division Bench.

         While dismissing the appeal, the Division Bench categorically

         observed that the policy applicable prior to 09.12.1982 would

         govern the case of the respondent-writ petitioner as well. There
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         was no direction to extend the benefit of deficit grant beyond

         09.12.1982, i.e., the date from which the ववत रवहत वशका नीवत

         came into force. Notwithstanding the aforesaid factual and legal

         position, the learned Single Judge, while exercising contempt

         jurisdiction, has allowed the writ petitioner the benefit of deficit

         grant even beyond the date 09.12.1982. Such a direction, it is

         contended, travels beyond the scope of the original judgment

         and could not have been issued in a contempt proceeding. It is

         further submitted that the State Government has considered the

         case of the writ petitioner and passed a reasoned order by which

         it has been directed to treat the institution as if it was a deficit

         grant college from the date of intermediate level affiliation that

         is 09.09.1981 to 19.10.1982. It is lastly contended that it is a

         well settled proposition that in contempt jurisdiction the Court

         will not travel beyond the original judgment and direction;

         neither would it be permissible for the Court to issue any

         supplementary or incidental directions, which are not to be

         found in the original judgment and order. The Court is only

         concerned with the willful or deliberate non-compliance of the

         directions issued in the original judgment and order.

                      8. Before proceeding further, it would be pertinent to

         state here that the issue with regard to the maintainability of
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         such an appeal against the order(s) passed in contempt

         proceedings, has been set at rest by the Hon’ble Supreme Court

         in the case of Midnapore Peoples' Co-operative Bank Ltd.

         and Others v. Chunilal Nanda and Ors. [(2006) 5 SCC 399],

         wherein the Apex Court in para-11 of the decision succinctly

         summarized the governing principles, which is as follows:-

                                  "11. The position emerging from these
                          decisions, in regard to appeals against orders in
                          contempt proceedings may be summarised thus:
                                  I. An appeal under Section 19 is
                          maintainable only against an order or decision
                          of the High Court passed in exercise of its
                          jurisdiction to punish for contempt, that is, an
                          order imposing punishment for contempt, that
                          is, an order imposing punishment for contempt.
                                  II. Neither an order declining to initiate
                          proceedings for contempt, nor an order
                          initiating proceedings for contempt nor an
                          order dropping the proceedings for contempt
                          nor an order acquitting or exonerating the
                          contemnor, is appellable under Section 19 of
                          the CC Act. In special circumstances, they may
                          be open to challenge under Article 136 of the
                          Constitution.
                                  III. In a proceeding for contempt, the
                          High Court can decide whether any contempt of
                          court has been committed, and if so, what
                          should      be     the      punishment   and   matters
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                          incidental thereto. In such a proceeding, it is
                          not appropriate to adjudicate or decide any
                          issue relating to the merits of the dispute
                          between the parties.
                                  IV. Any direction issued or decision made
                          by the High Court on the merits of a dispute
                          between the parties, will not be in the exercise
                          of "jurisdiction to punish for contempt" and,
                          therefore, not appealable under Section 19 of
                          the CC Act. The only exception is where such
                          direction or decision is incidental to or
                          inextricably connected with the order punishing
                          for contempt, in which event the appeal under
                          Section 19 of the Act, can also encompass the
                          incidental or inextricably connected directions.
                                  V. If the High Court, for whatsoever
                          reason, decides an issue or makes any
                          direction, relating to the merits of the dispute
                          between the parties, in a contempt proceedings,
                          the aggrieved person is not without remedy.
                          Such an order is open to challenge in an intra-
                          court appeal (if the order was of a learned
                          Single Judge and there is a provision for an
                          intra-court appeal), or by seeking special leave
                          to appeal under Article 136 of the Constitution
                          of India (in other cases).”

                        9. After going through the ruling afore-noted, it is

         evident that if the High Court decides an issue or makes any

         direction relating to the merits of the dispute between the parties
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         in a contempt proceeding, the aggrieved person may challenge

         the same in an intra-court appeal, if there is such provision or

         may seek Special Leave to Appeal under Article 136 of the

         Constitution of India.

                      10. Now coming to the impugned order, undisputedly

         the University has filed the supplementary show cause before

         the learned Single Judge in M.J.C. No.4570 of 2018 with

         calculation of financial assistance admissible to the writ

         petitioner-appellant amounting to Rs.54,96,294/- based on the

         U.G.C. pay scale due from the date of creation of post. Once,

         based upon the materials available on record, the University has

         carried out a calculation and produced the same, obviously there

         is a liability of the State to disburse the said amount to be paid

         to the writ petitioner-appellant in compliance with the order

         dated 27.03.2018 passed in C.W.J.C. No.8120 of 2016.

         Nonetheless, if the appellant in L.P.A. No.552 of 2025 has any

         grievance with regard to the admissibility of the U.G.C. pay

         scale, as it has been contended that the pay scale of the writ

         petitioner-appellant should be 700-1600, in such circumstances,

         he has the remedy to challenge the action of the concerned

         authorities by filing appropriate application.

                      11. The Court while exercising the contempt
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         jurisdiction is only confined to see as to whether the order under

         contempt has been complied with in its letter and spirit or there

         is any willful and deliberate defiance of such order. If the Court

         arrives at a finding of conscious and intentional defiance of its

         order, the concerned authorities may be proceeded against and

         dealt with in accordance with law under the contempt

         jurisdiction.

                      12. In the case at hand, the University has made a

         categorical statement that, in compliance with the order passed

         by the learned Single Judge in C.W.J.C. No. 8120 of 2016, it has

         calculated the admissible amount at Rs.54,96,294/- and has

         requested the State authorities to release the said sum to

         facilitate payment to the appellant (in L.P.A. No.552 of 2025).

         In view of such stand and the steps taken pursuant thereto, this

         Court finds no cogent reason and the ground raised in L.P.A.

         No.552 of 2025 warranting any interference with the order dated

         03.04.2025 passed in M.J.C. No. 4570 of 2018.

                      13. Similarly, this Court also does not find any merit

         in the submissions advanced on behalf of the State in L.P.A. No.

         534 of 2025. By the order under contempt, the learned Single

         Judge noticed that upon setting aside the orders dated

         23.12.2014 and 19.02.2015, directed the respondent–State and
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         the University to determine and quantify the financial assistance

         admissible to the writ petitioner–appellant institution within a

         stipulated time frame. The said direction was clear, specific, and

         confined to the working out of the admissible financial

         assistance in accordance with law. No infirmity, jurisdictional

         error, or perversity is discernible in the said order so as to

         warrant interference in appellate jurisdiction.

                      14. The learned Division Bench on challenge made by

         the State authorities in L.P.A. No. 1312 of 2018, while

         upholding the order of the learned Single Judge dated

         27.03.2018 in C.W.J.C. No.8120 of 2016, has observed in its

         paragraph 7 as follows: -

                                  “7. In the background aforesaid, what we
                          find is that the bone of contention narrows
                          down to the admissibility of the grantin-aid to
                          the respondent-petitioner. The posts which are
                          claimed to have been sanctioned by the
                          respondent-petitioner under the deeming clause
                          does not appear to be disputed. What appears
                          to be disputed is the date of the applicability of
                          the extension of the benefit of the grant-in-aid
                          to the Institution. We are unable to find any
                          material in the affidavits filed on behalf of the
                          appellant-State, which may establish that the
                          appellants’ claim of having acquired the right to
                          claim grant of funds from the State that had
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                          already crystallized prior to 09.12.1982 is in
                          any way diluted. In the absence of any such
                          material to contradict the aforesaid established
                          facts, we do not find that the learned single
                          Judge has committed any error in proceeding to
                          allow the writ petition filed by the respondent-
                          petitioner.”

                      15. From perusal of the observation made by the

         learned Division Bench in L.P.A. No.1312 of 2018, it is

         manifest that the post which is claimed to have been sanctioned

         to the writ petitioner-appellant was never in dispute. The

         controversy was confined solely to the date from which the

         benefit of grant-in-aid was to be extended to the institution.

         However, the State failed to controvert the specific claim of the

         writ petitioner–appellant, who successfully established that his

         right to receive grant-in-aid from the State had crystallised prior

         to 09.12.1982. The order passed by the learned Single Judge, as

         affirmed by the Appellate Court, has further attained finality,

         after the same having been upheld by the Hon’ble Supreme

         Court, with both the Review Petition and the Curative Petition

         standing dismissed. In such circumstances, it was incumbent

         upon the University to compute and determine the financial

         benefits payable to the writ petitioner–appellant in terms of the

         directions issued in C.W.J.C. No. 8120 of 2016. The University
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                      has accordingly undertaken the calculation and requested the

                      State to disburse the admissible amount.

                                   16. In view of the above, this Court finds that the

                      learned Single Judge, while exercising contempt jurisdiction,

                      has not exceeded its jurisdiction. Rather, the directions issued

                      were solely to secure compliance with the earlier order of this

                      Court in its true letter and spirit. The impugned order, therefore,

                      does not suffer from any perversity or palpable illegality.

                      Accordingly, both the Letters Patent Appeals stand dismissed.

                                   17. There shall be no order as to cost(s).

                                   18. It is expected that the State and the University

                      must ensure the compliance of the order of the learned Single

                      Judge, henceforth.



                                                    (Harish Kumar, J)



                                            (Sangam Kumar Sahoo, CJ)

rohit/-
AFR/NAFR                NAFR
CAV DATE                17-02-2026
Uploading Date          26-02-2026
Transmission Date


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