Created by Fuzzy Cloud

Patna High Court

Gopal SinghversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The contempt petition was dismissed as the petitioner’s grievance regarding retirement benefits had been fully satisfied.

Summary

The petitioner, Gopal Singh, a retired associate professor, filed a contempt petition alleging that Magadh University had failed to pay his claimed gratuity, earned leave encashment, arrear pension and other retiral benefits totaling Rs 49,06,601. The university submitted a show‑cause response stating that all the amounts claimed had been paid by cheque No 053550 on 15 July 2024 and by P.P.O. No 6323/2022 on 2 August 2023, amounting to a total of Rs 55,28,989. The court examined the payment details and found that the petitioner’s grievance was fully satisfied. Consequently, the court held that there was no ground for contempt. The contempt petition was therefore consigned to the records.

Issues considered

  • Whether the university’s compliance with payment of the petitioner’s retirement benefits extinguishes the contempt petition
  • Whether the amounts claimed by the petitioner were duly paid in accordance with the applicable statutory and university orders

Subjects

  • contempt
  • retirement benefits
  • gratuity
  • leave encashment
  • arrear pension
  • university
  • superannuation
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1123 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.5994 of 2023
                 ======================================================
                 Gopal Singh Son of Late Harsh Prasad Singh resident of Mohalla 99 Goh
                 Gandhi Path, Shrikrishna Nagar, Near Moti Mahal, Aurangabad P.S.
                 Aurangabad ( Town ) District Aurangabad.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Anjani Kumar the Principal Secretary,
                 Department of Human Resources, Govt. of Bihar, Patna.
           2.    The Vice Chancellor, Prof. Shashi Pratap Shahi, Magadh University Bodh
                 Gaya.
           3.    The Registrar, Dr. Pushpendra Kumar Verma Magadh University Bodh
                 Gaya, Gaya.
           4.    The Finance Officer, Dr. Sunil Suman, Magadh University Bodh Gaya.
           5.    The Principal, Kishori Sinha Mahila College, Aurangabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Anirudh Kumar Verma, Advocate.
                 For the State          :     Mr. Rajesh Kumar Sinha, AC to GP-23.
                 For the University     :     Mr. Pankaj Kumar Singh, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

9   17-04-2026                   Heard learned counsel appearing on behalf of the

                   petitioner, learned counsel for the State and learned counsel for

                   the Magadh University.

                                 2. Mr. Pankaj Kumar Singh, learned counsel

                   appearing on behalf of the Magadh University informs this

                   Court that the order under contempt has been complied and to

                   that effect he has given specific information in Paragraph Nos.

                   3, 4 and 5 of the show cause filed on behalf of the Opposite

                   Party Nos. 2, 3 and 4 – Magadh University, which are
Patna High Court MJC No.1123 of 2024(9) dt.17-04-2026
                                            2/3




          reproduced hereinafter:

                                       “3. That the petitioner submitted his
                          representation wherein claimed Gratuity and Earned Leave
                          Enhancement amounting to Rs.20,00,000/- and Rs.
                          28,34,601/- respectively. Further, he claimed arrear pension
                          and enhanced D.A. amounting to Rs. 72,000/- He claimed
                          total amount of Rs.49,06,601/-.
                                       4. That the university re-examined the
                          grievances of the petitioner and university record that found
                          the facts as under:
                                       (a) The petitioner had claimed Gratuity
                          amounting to Rs. 20,00,000/- which has been paid to him
                          through cheque no. 053550/- dated 15.07.2024 under Letter
                          No. Fin/Pen/895/2024 dated 16.07.2024.
                                       (b) The petitioner had claimed Earned Leave
                          for Leave Encashment amounting to Rs. 28,34,601/-, which
                          has been paid to him through cheque No. 053550 dated
                          15.07.2024 under letter NO Fin/pen/895/2024 dated
                          16.07.2024.
                                       (c) The petitioner had claimed the arrear of
                          Enhanced
                                       D.R. amounting to Rs. 72,000/- which has been
                          examined and found admissible amounting to Rs. 1,21,584/-
                          for the period of 01.02.2022 to 31.05.2023, which has been
                          paid to him through cheque no. 053550 dated 15.7.2024
                          under Letter No. Fin/Pen/895/2024 dated 05.07.2024.
                                       (d) That the petitioner had claimed arrear
                          pension which has been examined and found admissible
                          amounting to Rs.5,72,804/-. The aforesaid amount paid to
                          him through P.P.O. No. 6323/2022 under the Letter No.
                          Fin/Pen/1298/23 dated 02.08.2023.
                                       (e) The petitioner had claimed the total amount
                          of outstanding dues of retiral benefits amounting to Rs.
                          49,06,601/- in his representation whereas the university
                          paid him amounting to Rs. 55,28,989/-.
                                       5. That it is relevant to mention here that the
                          petitioner was Associate Professor in the Department of
                          Chemistry, Kishori Sinha Mahila College, Aurangabad and
                          was
                          superannuated on 31.01.2022. The monthly pension @ Rs.
                          1,08,550/- per month with admissible D.R. time to time was
                          fixed through P.P.O No. 6323/2022 under Letter No.
                          Fin/Pen/535/2022 dated 29.09.2022 without delay when he
                          submitted all requisite papers. The arrear of retiral benefits
                          was paid to him when the State Govt. made available the
                          additional grants for this purpose. No delay was made in
                          part of the university.”

                       3. It appears that the grievance of the petitioner has
           Patna High Court MJC No.1123 of 2024(9) dt.17-04-2026
                                                       3/3




                     been redressed, as it would appear from the information

                     contained in above paragraphs.

                                  4. The contempt petition stands consigned to records.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.