Patna High Court
Sudama PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the order has been complied with, so no contempt exists and the petition is dismissed.
Summary
Sudama Pandey filed a petition seeking contempt proceedings against the State of Bihar and officials of Kameshwar Singh Darbhanga Sanskrit University, alleging willful disobedience of a 9 September 2011 order that directed the superannuation age of university staff to be raised from 60 to 62 years. The writ court had previously dismissed the State's appeal and special leave petition, confirming the increase to 62 years. The respondents later showed that the age had been further raised to 65 years in accordance with UGC regulations. The Patna High Court examined whether the respondents had failed to comply with the earlier direction and concluded that the order had been fully complied with. Consequently, the court found no ground for contempt and disposed of the petition.
Issues considered
- Whether the respondents are in contempt of the Patna High Court's order dated 09/09/2011 directing the superannuation age to be increased to 62 years.
- Whether a further grievance can be raised after the order has been complied with.
Subjects
- contempt of court
- superannuation age
- higher education
- UGC regulation
- writ jurisdiction
- compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1429 of 2021
In
Civil Writ Jurisdiction Case No.6534 of 2009
======================================================
Sudama Pandey Son of Shri Shio Mangal Pandey, Resident of Santi Nagar
Colony, Near Circuit House Pakri, P.O. and P.S.- Ara, District - Bhojpur,
Patna, Pin Code - 802301.
... ... Petitioner/s
Versus
1. The State of Bihar through Shri Sanjay Kumar, Additional Chief Secretary,
Education Department, Bihar, Patna.
2. Shri Dr. Shashi Nath Jha, Vice Chancellor, Kameshwar Singh Darbhanga
Sanskrit University, Darbhanga.
3. Shri Shivaranjan Chaturvedi, Registrar, Kameshwar Singh Darbhanga
Sanskrit University, Darbhanga.
4. Shri Lalan Tiwari, Secretary, Mukhalal Sanskrit Upshastri College, Bandhu
Chapra, Bhojpur, Pin Code - 802163.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhinav Srivastava, Sr. Advocate
For the Opposite Party/s : Ms. Namrata Singh, AC to Ex G.A.-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 11-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiating the contempt of court
proceedings against the opposite parties for
the willful and deliberate disobedience on
their part of the directions contained under
the order and judgment dated 09/09/2011
passed in C.W.J.C. No. 6534/2009 passed by
Patna High Court MJC No.1429 of 2021(3) dt.11-03-2026
2/2
the Hon'ble Justice Srimati Mridula
Mishra(the then Hon’ble Judge) allowing
the said C.W.J.C. No.6534/2009.
3. The writ court gave direction for enhancing the age
from 60 to 62 years. Appeal filed by the State was dismissed.
SLP was also dismissed which followed their decision to
increase the age of superannuation as 62 years.
4. The subsequent show cause of the opposite party
no.1 shows that now it has been enhanced to 65 years in view of
the UGC regulation.
5. This Court is convinced that the order stands
complied. If the petitioner still has any grievance can agitate the
matter afresh.
6. The contempt petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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