Dr. Damyanti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3709 of 2026 ====================================================== Dr. Damyanti Kumari Wife of Sita Ram Singh, Resident of MohallaChanakya Nagar, P.S.- Begusarai, District- Begusarai, a superannuated employee as Reader from S.K. Mahila College, Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

2.

Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna. 4.

The Vice-Chancellor, L.N. Mithila University, Darbhanga. 5.

The Registrar, L.N. Mithila University, Darbhanga. 6.

The Finance Officer, L.N. Mithila University, Darbhanga. 7.

The Principal, S.K. Mahila College, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the State :

A.C. to G.P. 20 For Respondent 4 to 6 (LNMU): Mr.Ranjan Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner, learned counsel appearing for the respondent-University and the learned counsel appearing for the respondent-State.

2. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent authorities to grant two increments on account of acquiring Ph.D. degree w.e.f. 01.01.96/27.7.98 in view of order passed in L. P. A No. 269/2016 order dated 27.7.2017 read with CWJC No. 15136 of 2010 dated 15.11.2010 by which the Hon'ble Court has held that two

Patna High Court CWJC No.3709 of 2026(2) dt.24-03-2026 2/3 increments are payable on account of acquiring Ph.D. degree and a direction to make payment the arrears of pre and post retiral dues thereupon adding two increments from 01.01.1996/27.7.1998. (ii) For issuance of any other appropriate writ/writs, order/orders, direction/ directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."

3. Learned counsel appearing for the petitioner submits that the case of the petitioner is squarely covered by judgment and order dated 27.07.2017 passed by a Division Bench of this Court in L.P.A. No. 269 of 2016. He further submits that in light of this judgment, the petitioner has already filed a representation before the Vice-Chancellor of the respondent-University on 26.12.2025 which has been brought on record by way of Annexure-P/8. As per the petitioner, the said representation continues to be pending. He, therefore, submits that the petitioner would be satisfied if an appropriate direction be issued to the Vice-Chancellor of the respondent-University to dispose of the pending representation of the petitioner dated 26.12.2025 (Annexure-P/8) within a fixed time frame, after giving an opportunity of hearing to the petitioner.

4. To the aforesaid submission made by the learned counsel for the petitioner, learned counsel appearing for the respondent-University and learned counsel appearing for the respondent-State do not have any objection.

Patna High Court CWJC No.3709 of 2026(2) dt.24-03-2026 3/3

5. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the Vice-Chancellor of the respondentUniversity to dispose of the pending representation of the petitioner dated 26.12.2025 (Annexure-P/8) within two months from the date of receipt / production of a copy of this order, after giving an opportunity of hearing to the petitioner.

6. Needless to emphasize that the final order which shall be passed by the Vice-Chancellor of the respondentUniversity should be a reasoned and speaking order and if the petitioner is found entitled to the relief which the petitioner has claimed through representation, relying upon the judgment dated 27.07.2017 passed in L.P.A. No. 269 of 2016, then the same should be extended to the petitioner within a further period of two months from the date of passing of the final order.

7. With the aforesaid observation and direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kundan/- U