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Patna High Court

Anil KumarversusThe State Of Bihar Through R. K. Mahajan, The Principal Secretary, Human Resources Development Depa

Decided
Disposal
WITHDRAWN

Holding

The petition was withdrawn and consequently disposed of as withdrawn.

Summary

The petitioner, Anil Kumar, a lab-in-charge at Parvati Science College, filed a writ petition seeking contempt proceedings against the State of Bihar and B.N. Mandal University for willfully refusing to implement an order dated 11 May 2018 (modified 18 May 2018) that directed payment of his salary and arrears and his absorption into a vacancy created by a death in 1987. The petitioner alleged that despite the order and a committee recommendation dated 28 February 2018, the opposite parties had not started paying his salary since 2006. During the hearing on 2 April 2026, counsel for the petitioner indicated that the matter had become infructuous and requested permission to withdraw the petition. The court allowed the withdrawal and disposed of the petition as withdrawn, also disposing any interlocutory applications.

Issues considered

  • Whether the opposite parties are in contempt of the order dated 11 May 2018 (as modified) for failing to pay the petitioner's salary and arrears
  • Whether the petition should be allowed to proceed or withdrawn

Subjects

  • contempt of court
  • salary arrears
  • withdrawal of petition
  • public service employment
  • court order compliance

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.4674 of 2018
                                                       In
                                Civil Writ Jurisdiction Case No.15601 of 2015
                  ======================================================
                  Anil Kumar Son of Shri Bindeshwari Prasad Yadav Resident of Village-
                  Shakarpura, P.S.-District-Madhepura, Working as Lab-in-Charge, Deprtment
                  of Chemistry, Parvati Science College, at -P.S.-District-Madhepura

                                                                           ... ... Petitioner/s
                                                   Versus
            1.    The State Of Bihar Through R. K. Mahajan, The Principal Secretary, Human
                  Resources Development Depa The State Of Bihar Through R. K. Mahajan,
                  The Principal Secretary, Human Resources Development Department, Govt.
                  of Bihar, Patna
            2.    The B.N. Mandal University through Col. Niraj Kumar, Son of not Known,
                  Registrar
            3.    Mr. Awadhesh Kumar Rai, Vice-Chandellor, B.N. Mandal Univerisity, Laloo
                  Nagar, Madhepura
            4.    Son of not Known, the Registrar, B.N. Mandal University, Laloo Nagar,
                  Madhepura
            5.    Kamlesh Kumar Thakur Son of Not Known Absorbed as Laboratory in
                  Charge, in the Department of Chemistry, Parvati Science College, at-P.S.
                  District-Madhepura

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Amaresh Kumar Singh, Advocate
                  For the Opposite Party/s :        Mr.Ram Vinay Pd. Singh, AC to GA-12
                                                    Ms. Neetu Jha, AC to GA-12
                  For the University       :        Mr. Subodh Kumar Jha, Advocate
                                                    Mr. Md. Nadim Seraj, Advocate

                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

12   02-04-2026                  Heard the parties.

                                 2. The present petition has been preferred for the

                    following relief/s:

                                               (i) for initiating a contempt of proceeding

                                               court against contemnors/opposite parties

                                               who are willfully knowingly deliberately and
         Patna High Court MJC No.4674 of 2018(12) dt.02-04-2026
                                                     2/2




                                           intentionally violating the order dated

                                           11.5.2018 as modified on 18.5.2018 passed

                                           in CWJC No.15601 of 2015 the opposite

                                           parties have neither started making current

                                           salary nor its arrears since year 2006 in

                                           spite of decision and recommendation of the

                                           Committee constituted on 28.2.18 for on

                                           treating the petitioner to be absorbed

                                           vacancy caused by death of Late Kumar

                                           Krishnanand on 26.1.1987.

                                3. Mr. Amresh Kumar Singh, learned counsel for the

                   petitioner submits that the matter has become infructuous and as

                   such he may be permitted to withdraw the petition.

                                4. The present petition is disposed of as withdrawn.

                                5. The I.A., if any, also stands disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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