Vibhav Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6230 of 2025 ====================================================== 1.
Vibhav Kumar Jha Son of Sri Dilip Kumar Jha, Resident of Ward No. 14, Near Sudha Mill Factory, Janki Nagar, Bela Dullah, P.S.- Sadar, DistrictDarbhanga, Pin Code- 846004. 2.
Ankit Kumar Jha, Son of Sri Pankaj Mohan Jha, Resident of MohallaKanhayya Koti, P.O.- Lalbagh, P.S.- L.N.M.U., District- Darbhanga, Pin Code- 846004.
3.
Rohit Kumar, Son of Sri Gajendra Ray Resident of Ward No. 1, Mahamadpur Shakra, District- Samastipur, Pin Code- 848160. 4.
Kumar Chaudhary, son of Mahavir Chaudhary, Resident of Village- Lohna, Ward No. 11, Naruar, District- Madhubani, Pin Code- 847407. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Vikash Bhawan New Secretariat, Bihar, Patna.
3.
The Secretary, Higher Education, Education Department, Vikash Bhawan New Secretariat, Government of Bihar, Patna.
4.
The Deputy Secretary, Higher Education, Education Department, Vikash Bhawan New Secretariat, Government of Bihar, Patna. 5.
The Special Secretary, Higher Education, Education Department, Vikash Bhawan New Secretariat Government of Bihar, Patna. 6.
The Director, Higher Education, Education Department, Vikash Bhawan New Secretariat, Government of Bihar, Patna.
7.
The In-charge, Pay Verification Cell, Education Department, Government of Bihar, Patna.
8.
The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga through its Registrar.
9.
The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga.
10.
The Registrar, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga.
11.
The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga.
12.
The Secretary, Laxmiwati Sanskrit Upshastri College, Sarisab Pahi, Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushalesh Choudhary For the Respondent/s :
Mr.Addl. Advocate General (09)
2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-10-2025 Heard the parties.
2. The petitioners have approached this Court for following reliefs:- i. For issuance of an appropriate writ in the nature of CERTIORARI, commanding the concerned respondents for payment of salary to all the four (4) petitioners from their date of joining, as petitioner no.1 was appointed on 27.01.2022 to the post of M.A.
Sanskrit Teacher, in Laxmiwati Sanskrit Upshastri College, Sarisab Pahi, Madhubani, the petitioner no.2 was appointed as Graduate Computer Teacher on 27.01.2022, in the aforesaid College. Petitioner no.3 was also appointed on 27.01.2022 as Graduate (Political Science) Teacher, in the aforesaid College and the Petitioner, No.4 was appointed on Class-IV post on 27.01.2022 in the aforesaid College, though all of the petitioners have performing their duties regularly since the date of their appointment, but their salary has not been paid to them, by the University, though the fund has already been released by the Government of Bihar.
ii. For issuance of appropriate direction to the respondents 1 set
3/4 commanding them to issue direction to respondents 2nd set for payment of salary to all the four (4) petitioners.
iii. For grant of other relief / reliefs, to which the petitioners may found entitled, on the facts and circumstances of the case.
3.
Adverting to the facts stated in the writ petition and the supplementary affidavit, it is stated that an identical issue has come up for consideration before this Court in CWJC No. 6001/2025, wherein, the learned Coordinate Bench of this Court on 15.04.2025 directed the Registrar of the University to ensure the payment of admissible salary.
4.
The learned Advocate for the petitioners further submitted that the only difference in the case of the petitioners herein is that the aforenoted matter was related to Principal of the college in question, whereas, presently the petitioner nos. 1 to 3 are Lecturers and petitioner no. 4 is a non-teaching employee of the same college. It has also been submitted that for the financial years 2023-2024 till 2025-2026 sufficient amount has been released by the State Government in favour of Kameshwar Singh Darbhanga Sanskrit University for payment of salary and the post retiral benefits to its employees. It is further submitted that from perusal of the Memo No. 78 dated
4/4 03.06.2025 containing the list of employees of the University, the name of the petitioners also figured at sl. Nos. 169, 174, 172 and 166. Notwithstanding the aforesaid facts, the admissible salary has not been paid. Hence the present writ petition. 5.
Learned Advocate for the respondent/University has submitted that the instruction is required to verify the claim of the petitioners.
6.
Having considered the grievance of the petitioner and submissions advanced, the present writ petition stands disposed of with a direction to the Registrar Kameshwar Singh Darbhanga Sanskrit University to consider the claim of the petitioners in the light of the order of this Court passed in CWJC No. 6001/2025 and passed appropriate order in accordance with law. In case the claim of the petitioners finds favour, necessary consequential monetary benefits be also accorded to them preferably within a period of 12 weeks from the date of receipt / production of a copy of this order.
(Harish Kumar, J) sunilkumar/- U T