Shashikant Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8528 of 2023 ====================================================== Shashikant Prasad Singh Son of Jalandhar Prasad Singh, Resident of Bathua Buzurg, Ward No.-03, P.O and P.S.- Bathua Buzurg, District- Samastipur, Pin Code- 848127.

... ... Petitioner/s

Versus

1.

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

2.

Director, Higher Education, Education Department, Bihar, Patna. 3.

L.N. Mithila Darbhanga University, Darbhanga through its Registrar. 4.

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

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

Principal, U.P. College, Pusa, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Srivastava, Adv.

Mr. Pushkar Bharadwaj, Adv.

Ms. Shreyashi Raj, Adv.

Mr. Chinmay Harsh Karn, Adv.

For the Respondent/s :

Mr.Prabhakar Jha (GP27) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-05-2026 Mr. Abhinav Srivastava, learned senior counsel, appearing on behalf of the petitioner, by referring to the statement made in Para 30 & 31 of the supplementary counter affidavit filed on behalf of the respondent nos. 1 & 2, submits that the Cabinet Secretariat, Government of Bihar vide notification no. 1093 dated 20.11.2018, amended the Rules of Executive Business, Bihar, 1979 by adding a new serial no. 4 in part (D) of fourth Schedule whereby to show compliance of such matters, in which final adjudication have been passed by

Patna High Court CWJC No.8528 of 2023(8) dt.08-05-2026 2/3 Hon'ble Supreme Court/High Court and if not possible to file appeal/review petition against them, then such matters will be placed before a committee under the Chairmanship of Chief Secretary.

2. It has further been stated that the Committee headed by the Chief Secretary has deliberated on the issue and recommended to regularize the services of the petitioner and late Sharda Sinha and further grant all the consequential benefits to them, which is evident from the minutes of the meeting contained in Memo No. 939 dated 06.02.2025. It is further stipulated that the recommendation so made will not act as a precedent for other cases.

3. At this stage, counsel for the petitioner submits that in view of such categorical statement made in the supplementary counter affidavit, this matter may be disposed of with a direction upon the authorities to extend the consequential benefits which, as per recommendation contained in Memo No. 939 dated 06.02.2025, which has till date not been received by them.

4. Consequently, it has been submitted that since the issues involved have already been revisited and a decision contrary to the impugned order as contained in Memo No. 594 dated

Patna High Court CWJC No.8528 of 2023(8) dt.08-05-2026 3/3 20.02.2023 and letter dated 22.02.2023 (Annexure-9 & 10), have been taken and benefits has also to be extended in favour of the petitioner, therefore, those orders need to be set aside in view of the recommendation of the Committee.

5. On the other hand, counsel for the State submits that since the issues have already put at rest and appropriate decisions for grant of consequential benefits have also been taken, a timeline may be framed for ensuring such payment which originates from such decision.

6. Considering the submissions of the parties, this Court directs the Director, Higher Education, Education Department and the Vice Chancellor of the L.N. Mithila Darbhanga University to ensure consequential benefits be extended to the petitioner within a period of eight weeks from the date of representation, which is to be filed by the petitioner within a period of four weeks from today.

7. With the aforesaid observation and direction, the writ petition stands disposed of.

(Ajit Kumar, J) rishi/- U