Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5607 of 2026 ====================================================== 1.

Abhishek Kumar son of Lal Babu Rai, resident of Mohalla- Indrasan Nagar, Purvi Kargahiya, Near R.L.S.Y. College, P.O. Bettiah, P.S. Bettiah, District West Champaran, presently working as Office Assistant (Computer Operator), Ram Lakhan Singh Yadav College, Bettiah, District - West Champaran.

2.

Prashant Kumar, son of Birendra Nath Yadav, resident of Sant Kabir Road, Jagdamba Colony, Ward No.8 Banu Chhapra, P.O. Bettiah, P.S. Bettiah, District -West Champaran, presently working as Office Assistant (Computer Operator), Ram Lakhan Singh Yadav College, Bettiah, District-West Champaran, presently working as Office Assistant, Ram Lakhan Singh Yadav College, Bettiah, District -West Champaran. 3.

Mukesh Kumar Das, son of Ramashish Das, resident of Ward No.12, Laxmipur, Gauri Har, Khalik Nagar, P.O. Bariarpur, P.S. Muzaffarpur District Muzaffarpur, presently working as Office Assistant, Ram Lakhan Singh Yadav College, Bettiah, District West Champaran. 4.

Mritunjay Kumar, son of Jay Narayan Yadav, resident of village and P.O. Ramnagar Bankat, P.S. Majhaulia, District - West Champaran at Bettiah, presently working as Office Assistant, Ram Lakhan Singh Yadav College, Bettiah, District - West Champaran.

5.

Prince Kumar Yadav, son of Harendra Yadav, resident of village- Sareya Tola, Mathiya, P.O.Sonwal, P.S. Malahi, District - East Champaran, presently working as Office Assistant (Computer Operator), Ram Lakhan Singh Yadav College, Bettiah, District West Champaran, presently working as Orderly Peon, Ram Lakhan Singh Yadav College, Bettiah, District - West Champaran.

6.

Sunil Kumar Yadav, son of Pramod Yadav, resident of Ward No.6, Jamuniya Dakhin Tola, Majharia Kishun, P.O. Bettiah, P.S. Bettiah, District West Champaran, presently working as 4th Grade Employee, Ram Lakhan Singh Yadav College, Bettiah, District West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director Higher Education, Education Department, Government of Bihar, Patna.

4.

Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through the Registrar.

5.

The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

6.

The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

7.

The Finance Officer, Baba Saheb Bhim Rao Ambedkar Bihar University,

2/4 Muzaffarpur.

8.

The Principal, Ram Lakhan Singh Yadav College, Bettiah, District - West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Adv.

For the State :

Mr.Government Advocate (2) Mr.Venkatesh Kirti, AC to GA 2 For BRABU :

Mr.Sunit Kumar, Adv.

For BRAU :

Mr.Sriram Krishna, Adv.

Mr.Amarjeet, Adv.

Mr.Prabhat Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-04-2026 Heard learned counsel for the petitioners, learned counsel appearing for the respondent-University and learned counsel appearing for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioners have prayed for the grant of following reliefs:

"(I) For issuance of an appropriate writ in the nature of MANDAMUS,commanding and directing the Respondent University to pay the honorarium/remuneration to the petitioners since December, 2024 and onwards as also the current honorarium/remuneration for which the petitioners are legally entitled in accordance with law on the ground that the petitioners are validly appointed/engaged on their respective posts in the year 2019 after following the due procedure of selection on daily wages/ contractual basis by the competent authority and their appointment /engagements are duly approved by the Respondent

3/4 University vide memo no.20/V.C. dated are 22.01.2020 and since then the petitioners discharging their duties continuously till today and getting their remuneration.

(II) For issuance of any other appropriate writ / writs, order/ orders direction / directions for which the writ petitioners would be entitled under the facts and circumstances of the case."

4. After advancing some argument, learned counsel for the petitioners submits that for seeking the aforesaid reliefs, the petitioners are prepared to file a representation before the Registrar of the respondent-University and prays that if such representations are permitted to be filed, an appropriate direction be issued to the Registrar of the respondent-University to dispose of the representations within a fixed time frame, after giving an opportunity of hearing to the petitioners.

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

6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a representation before the Registrar of the respondent-University within two weeks from today and if such representations are

4/4 filed by the petitioners within the stipulated time, the same should be heard and disposed of within a further period of three months from the date of receipt of the representations, after giving an opportunity of hearing to the petitioners.

7. Needless to emphasize that the final order which shall be passed by the Registrar of the respondent-University should be a reasoned and speaking order. In case, the petitioners are found entitled to the relief which the petitioners would be claiming through the representations, the same should be extended to the petitioners within a further period of two months from the date of passing of the final order by the Registrar of the respondent-University.

8. With the aforesaid observation/direction and liberty granted, 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