Patna High Court
Vidyavachaspati TripathiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the representation was finally decided by the order dated 19‑Apr‑2025, satisfying the earlier writ order, and therefore the contempt application is infructuous.
Summary
Petitioner Vidyavachaspati Tripathi filed a writ application seeking payment of salary and interest for the period 2011‑2017, alleging that the Registrar of J.P. University had failed to dispose of his representation dated 16‑Oct‑2017 within the three‑month period ordered by the court on 9‑Aug‑2018. The University contended that it had complied by issuing a disposal order on 19‑Apr‑2025 (Letter No. 2435), which rejected the claim. The petitioner argued that the disposal order was a perfunctory, cut‑and‑paste decision that did not examine his entitlement. The court examined the submissions and concluded that the representation had indeed been finally decided by the 19‑Apr‑2025 order, and that the relief sought was not granted, thereby satisfying the earlier writ order. Consequently, the contempt application was held to be infructuous, and the petitioner was given liberty to challenge the disposal order through the appropriate legal remedy.
Issues considered
- Did the respondents comply with the writ court's order dated 9‑Aug‑2018 requiring disposal of the petitioner's representation within three months?
- Does the order dated 19‑Apr‑2025 constitute valid compliance or a contempt‑worthy failure?
- Is the petitioner entitled to the claimed salary and interest?
- Should the petitioner be allowed to challenge the disposal order in a separate proceeding?
Subjects
- contempt
- writ jurisdiction
- university
- salary dues
- interest
- infructuous
- order compliance
- representation
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.250 of 2019
In
Civil Writ Jurisdiction Case No.11405 of 2018
======================================================
Vidyavachaspati Tripathi Late Devendranth Tripathi R/o Village - Dhawan,
P.O. - Sarema, P.S. - Sahajitpur, District - Saran, presently residing at
Sadhnapuri (Near Rajendra Sarowar), Chapra - 841301.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, R.K. Mahajan Education
Department, Govt. of Bihar, Patna
2. Mr. Khalid Mirza The Director Higher Education, Govt. of Bihar, Patna
3. Mr. Harikesh Singh The Vice Chancellor, J.P. University, Chapra
4. Kedar Nath J.P. University, Chapra through its Registrar
5. Sachidanand Roy (MLC) The Secretary, Governing Body Lokmanya
Mahavidyalay, Hafizpur Baniyapur, Saran
6. Yogendra Pandey The Principal Lokmanya Mahavidyalay, Hafizpur
Baniyapur, Saran
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate
: Mr. Pragya Sinha, Advocate
For the Opposite Party/s : Smt. Shilpa Singh (Ga 12)
: Mr. Neetu Jha, AC to GA-12
For the University : Mr. Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
13 09-01-2026 Heard learned counsel for the petitioner, learned
counsel for the Respondent-State and learned counsel for the
Respondent-University.
2. This application has been filed for initiating
contempt proceeding against erring official/opposite party who
are alleged to have been willfully and deliberately not complied
with order dated 09.08.2018 passed in CWJC No. 11405 of
Patna High Court MJC No.250 of 2019(13) dt.09-01-2026
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2018.
3. Order dated 09.08.2018 passed in CWJC No. 11405
of 2018 has been brought on record by way of Annexure-1 to
the application and the same is reproduced hereinbelow for the
needful:-
“Heard the parties.
"Following relief has been
sought for in the present
application on behalf of the
petitioner:
1(A) The respondents may kindly
be directed to ensure immediate
payment of
grant/remuneration/salary in
favour of the petitioner for the
period 2011 to 2017.
(B) The respondents also may
kindly be directed to extend
statutory/penal interest over the
dues above said admissible on
account of inordinate delay in
making payment of legitimate
dues caused severe humiliation
and harassment to the
petitioner."
The petitioner had filed
representation vide Annexure-1
before the respondent no. 4 (The
Registrar, J.P. University,
Patna High Court MJC No.250 of 2019(13) dt.09-01-2026
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Chapra) for redressal of his
grievances
Considering the submissions
made on behalf of the petitioner,
respondent no. 4 (The Registrar,
J.P. University, Chapra) is
directed to dispose of the
representation dated 16.10.2017
and pass a necessary order
within a period of three months
from the date of
receipt/production of copy of this
order. If the petitioner is found
entitled to the relief sought for,
the respondent no. 4 will be
under obligation to proceed
further in accordance with law.
With the aforesaid
observation/direction, the
present writ application stands
disposed of.”
4. From a reading of the aforesaid order, it is clear that
the writ court had directed the respondent no. 4 i.e., the
Registrar, JP University, Chapra, to dispose of the pending
representation of the petitioner dated 16.10.2017 within three
months from the date of receipt/production of a copy of this
order and it was further observed that if the petitioner is entitled
to the relief sought for, the Respondent No. 4 i.e., the Registrar,
Patna High Court MJC No.250 of 2019(13) dt.09-01-2026
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JP University, Chapra would be under obligation to proceed
further in accordance with law.
5. Learned counsel appearing for Respondent-
University submits that in due compliance of the writ's court
order, the representation of the petitioner stands disposed of by
order dated 19.04.2025 contained in Letter No. 2435 which has
been brought on record by way of Annexure-R/9 and through
the said order, the claim of the petitioner has not been accepted.
He further submits that since the order of the writ court has been
complied with, this application has become infructuous and it
may accordingly be dismissed/disposed of.
6. Learned counsel for the petitioner while replying to
the arguments advanced by the learned counsel for the
Respondent-University submits that from a bare perusal of the
order dated 19.04.2025 contained in Letter No. 2435
(Annexure-R/9), it is clear that it is a cut and paste order which
has been passed in a most reckless manner without
understanding the letter and spirit of the order passed by the writ
court. He particularly emphasises that in this order, issue of
entitlement has not been examined and decided which the
Registrar of the JP University, Chapra was under mandate to do
so in light of the order passed by the writ court, within the time
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stipulated in the said order. After carefuly examining the
submissions made by rival parties and the affidavits brought on
record, I am of the view that since the representation filed by the
petitioner has been finally decided/disposed of by order dated
19.04.2025 contained in Letter No. 2435 (Annexure-R/9) and
relief claimed by the petitioner has not been granted to the
petitioner, that brings a finality so far as compliance of the writ
court’s order is concerned. If the petitioner is aggrieved by the
said order for any reason whatsoever then he is at liberty to
challenge the same in accordance with law.
8. In view of the above, the present writ application is
disposed of as having become infructuous with liberty granted
to the petitioner to challenge the order dated 19.04.2025
contained in Letter No. 2435 (Annexure-R/9).
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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