Shail Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.463 of 2024 In Civil Writ Jurisdiction Case No.13614 of 2023 ====================================================== Shail Kumari Devi wife of Late Ram Sewak Singh, resident of Village and Post-Thathopur, P.S.-Baheri, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Shri K.K. Pathak, the Additional Chief Secretary, Education Department, Government of Bihar, Patna. 2.

The Honble Chancellor of Universities Honble Shri Rajendra Vishwanath Arlekar, through the Officer on Special Duty (Judicial), Universities of Bihar, State of Bihar, Patna.

3.

Shri Surendra Prasad Singh, the Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga, At and PO-Darbhanga, District-Darbhanga. 4.

Shri Abhay Kumar Pandit, the Registrar, Lalit Narayan Mithila University, Darbhanga, At and PO-Darbhanga, District-Darbhanga. 5.

Dr. Rekha Kumari, the Director, Higher Education Department, Government of Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For LNMU, Darbhanga :

Mr.Manoj Kumar Singh, Advocate For the State :

Mr.Shankar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-09-2025 Hear Mr. Ratanakar Jha, learned counsel appearing on behalf of the petitioner; Mr. Manoj Kumar Singh, learned counsel for the LNMU, Darbhanga and Mr. Shankar Thakur, learned counsel for the State.

2. Learned counsel appearing on behalf of the petitioner informs that the Director, Higher Education has passed order dated 20.02.2023 without considering that such action can only be taken by the Vice-Chancellor of the

Patna High Court MJC No.463 of 2024(9) dt.19-09-2025 2/3 University and if he at all was aggrieved in any manner by the action of the Vice-Chancellor, he can at best refer the matter before the government for considering removal of the concerned Vice-Chancellor by the Hon'ble Chancellor.

3. Learned counsel further submits that the Director of the Higher Education, has overreached his jurisdiction by not considering to comply with the order dated 04.10.2023 passed in CWJC No.13614 of 2023.

4. The brief facts of the case is that the husband of the petitioner, namely, Ram Sewak Singh, retired from the post of the Lecturer in Economics and thereafter, this Court directed to pay the entire salary in respect of her husband and to fix the pension accordingly.

5. That being the case, Mr. Shankar Thakur, learned counsel appearing on behalf of the State finds it proper that the Director of the Higher Education will reconsider to pass a fresh order and seeks some time for complying the order. I find that it would not be proper to keep the present contempt petition pending for the said reason.

6. Both the parties inform that the admitted dues of the petitioner can be paid in the light of the order passed in the case of Sharda Sinha (Padma Bhushan) vs. State of Bihar

Patna High Court MJC No.463 of 2024(9) dt.19-09-2025 3/3 (CWJC No.5914 of 2023).

7. In view of positive action by the Opposite Parties, the present contempt proceeding is dropped.

(Purnendu Singh, J) chn/- U T