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Patna High Court

Dr Uday Chandra MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition stands closed as the petitioner has received the admitted pensionary benefits, and any remaining grievances must be pursued before the university registrar.

Summary

Dr. Uday Chandra Mishra, a retired associate professor, filed a contempt petition seeking the difference in his pension, earned leave, and gratuity with interest for periods not yet paid. The court noted that, following its earlier order, all admitted pensionary benefits had been extended to him, but the specific differences from February 2017 to March 2020, earned leave, and salary for 1982‑2015 remained unpaid. Since the primary relief had been complied with, the court found no basis to continue the contempt proceeding. It directed the petitioner to approach the registrar of L.N. Mithila University for the remaining claims. Consequently, the contempt petition was closed.

Issues considered

  • What relief, if any, remains for the petitioner after compliance with the court's earlier order?
  • Whether the contempt petition should be dismissed despite pending claims for differential pension, earned leave, and gratuity?
  • Appropriate forum for adjudicating the remaining pension and service‑related grievances.

Subjects

  • pension
  • contempt petition
  • retired academic
  • earned leave
  • gratuity
  • interest
  • civil writ jurisdiction
  • university employee

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1112 of 2024
                                                       In
                                 Civil Writ Jurisdiction Case No.9131 of 2022
                  ======================================================
                  Dr Uday Chandra Mishra S/o Late Ram Chandra Mishra Resident of
                  H.I.G.101, Housing Board Colony, Khajsarai, Kherapur, District- Darbhanga
                  retired as Associate Professor in the subject of Sociology B.M.A. College
                  Baheri, Darbhanga.

                                                                            ... ... Petitioner/s
                                                    Versus
            1.    The State of Bihar through Principal Secretary Education Department, (Now
                  Additional Chief Secretary) Govt. of Bihar, Patna namely K.K. Pathak.
            2.    Shri K.K. Pathak, presently posted as the Additional Chief Secretary,
                  Education Department, Govt. of Bihar, Patna.
            3.    Prof. (Dr.) Sanjay Chaudhary, Presently posted as Vice- Chancellor,
                  L.N.Mithila University, Darbhanga.
            4.    Dr. Ajay kumar Pandit, presently posted as Registrar, L.N.Mithila
                  University, Darbhanga.
            5.    Sri Rajan Kumar Sinha, presently posted as Finance Officer, L.N.Mithila
                  University, Darbhanga.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   Mr. Shashi Bhushan Singh, Adv.
                  For the Opposite Party/s :   Mr. Government Pleader 17
                  For the LNMU             :   Mr. Manoj Kumar Singh, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

14   13-02-2026                  The learned Advocate for the respective parties are

                    present.

                                 2. Mr. Shashi Bhushan Singh, learned Advocate

                    appearing on behalf of the petitioner, fairly submits that in

                    compliance with the order passed by this Court, all the admitted

                    pensionary benefits have now been extended to the petitioner.

                    However, it is submitted that till date the petitioner has not been

                    allowed the difference of pension from February 2017 to March
          Patna High Court MJC No.1112 of 2024(14) dt.13-02-2026
                                                      2/2




                    2020 in the pay scale of Associate Professor as well as the

                    difference of earned leave, besides the GIC @ 12.5% along with

                    compound interest and the salary for the period from 15.09.1982

                    to 31.12.2015 in the scale of Associate Professor.

                                 3. Considering the fact that now all the pensionary

                    benefits have been allowed to the petitioner in compliance with

                    the order under contempt, this Court does not find any reason or

                    occasion to continue with the present contempt petition.

                    However, with regard to the afore-noted remaining grievances,

                    the petitioner is granted liberty to approach the Registrar of L.N.

                    Mithila University, who shall examine the matter and pass an

                    appropriate order in accordance with law.

                                 4. The present contempt petition stands closed.



                                                (Harish Kumar, J)
rohit/-

U


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