Dr. Ram Chandra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6949 of 2022 ====================================================== 1.

Dr. Ram Chandra Thakur Son of Late Pragas Thakur, resident of - Belaona, P.S. - Basopatti, District - Darbhanga, retired as University Professor and Head of Department of Hindi, Post Graduate Department of L.N. Mithila University, Darbhanga.

2.

Birendra Kumar Singh, S/o Late Hira Singh, resident of Balbhadrapur, Laheriasarai, Darbhanga, retired as University Professor in the subject of English, Post Graduate Department, L.N. Mithila University, Dharbhanga. 3.

Prof. Dr. Dashrath Tiwari, S/o Late Chandradeep Tiwari, resident of Shrikrishnapuri, Ward No. 8, Dharampur, Samastipur, retired as Associate Professor, Womens College Samsatipur, Samastipur. 4.

Krish Chandra Singh, S/o Late Pratap Bahadur Singh, resident of Bemahri, Village - Bemahri Bemnaha Basti, Utterpradesh, presidently resident of University Campus, L.N. Mithila University, Darbhanga. 5.

Dr. Upendra Pd. Singh, S/o Late Raj Karan Singh, resident of Laxmipur, Balbhadrapur, District - Darbhanga, retired as Lecturer (senior scale) Department of Physics, K.S. College Laheriasarai, Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Vice-Chancellor, L.N. Mithila University, Darbhanga. 4.

The Registrar, L.N.Mithila University, Darbhanga. 5.

The Finance Officer, L.N. Mithila University, Darbhanga. 6.

The Director, Directorate of Distance Education, L.N.Mithila University, Darbhanga.

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the L.N.M.U.

:

Mr.Bindhyachal Rai, Advocate For the Respondent/s :

Mr.Kameshwar Kumar, GP-17 Mr.S.K.Ranjan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 07-05-2026 Heard the parties.

2. The present writ petition has been filed for the

2/5 following reliefs:- (i) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities to make payment the difference of Honorarium for the period of 21.02.2019 to 25th March, 2021, as in place of 25,000/- per month only 15,000/- per month has been paid particularly when the remuneration of Rs. 25,000/- per month was decided by the Advisory Committee and same has been approved by the Syndicate of the University.

(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities to make payment the interest on aforesaid dues of aforesaid honorarium to compensate the loss due to inordinate delay.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the petitioner shall be found entitled under the facts and circumstances of the case.

3. Pursuant to the order dated 09.04.2026, a supplementary counter affidavit has been filed on behalf of the University wherein it has been stated that the petitioners were found entitled for payment of honorarium @ Rs. 25,000/-, in place of Rs. 15,000/- from August 2019 to January 2020

3/5 pursuant to the approval of the Syndicate. The balance amount to the tune of Rs. 10,000/- was calculated by the University and total Rs. 4,20,000/- was found payable to the petitioners. After deducting income tax to the tune of Rs. 42,000/-, the net amount payable was found to be Rs. 3,78,000/- and accordingly a cheque bearing no. 389160 dated 29.04.2026 was issued and sent to the Bank for making payment to the petitioners. Similarly, cheque No. 389161 dated 29.04.2026 for Rs. 42,000/- has been issued in favour of the Income Tax Department towards deduction of the income tax.

4. The learned counsel for the petitioner submits that the petitioners have already received the amount. However, in terms of the decision dated 25.04.2019, they are entitled for payment of the revised honorarium from February 2019 instead of August 2019.

5. The learned counsel for the respondent-University provides a copy of the letter bearing no. 211/2026 dated 05.05.2026, issued under the signature of the Registrar, L.N.M.U, Darbhanga, whereby it has been informed that the matter was placed before the 88th meeting of the Advisory Committee of the Directorate of Distance Education in its meeting dated 25.04.2019 vide Agenda No. 88.1 and it was

4/5 resolved to pay Rs. 25,000/- per month, as honorarium to the working/retired teachers. Subsequent thereto, the Syndicate of the University approved the proposal in its meeting dated 29.08.2019 vide Agenda No. 06 and thereafter, the matter was again placed before the Advisory Committee of the Directorate of the D.D.E., L.N.M.U, Darbhanga in its 93rd meeting dated 10.02.2020, wherein vide Agenda No. 12, a resolution was taken to enhance the honorarium of Rs. 25,000/- from the month of approval of the proposal of the D.D.E., by the Syndicate, i.e. August 2019. Therefore, the payments have been made w.e.f. August 2019.

6. Having heard the learned counsel appearing on behalf of the parties, this Court is of the opinion that the petitioners have rightly been paid the honorarium from August 2019, in view of the decision taken by the Advisory Committee of the D.D.E., L.N.M.U, Darbhanga in its meeting dated 10.02.2020, and in view thereof, the petitioners have already been paid the differences of the respective honorarium and this fact has not been disputed by the learned counsel for the petitioners.

7. Accordingly, I do not find any merit in the writ petition, in view of the stand of the University and the

5/5 statements recorded hereinabove, the writ petition is dismissed as infructuous.

(Ritesh Kumar, J) vinita/- U