Shobha Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9420 of 2026 ====================================================== Shobha Kant Kumar Son of Late Medani Prasad Yadav, Resident of Village - Bhirkhi, Ward No. 19, P.S. - Madhepura, District- Madhepura, Retired Associate Professor, Department of Philosophy, B.N.M.V. College, Sahugarh, Madhepura, under Bhupendra Narayan Mandal University, Madhepura. ... ... Petitioner/s

Versus

1.

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

2.

The Registrar, Bhupendra Narayan Mandal University, Madhepura. 3.

The Vice - Chancellor, Bhupendra Narayan Mandal University, Madhepura. 4.

The Finance Officer, Bhupendra Narayan Mandal University, Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the State :

Mr. Government Pleader (13) Mrs. Shweta Anand, AC to GP13 For the BNMU :

Mr. Md. Nadim Seraj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-07-2026 Let the delay caused in refiling the petition be condoned.

2. The instant writ application has been filed for the following relief:- "1. I. Issue an appropriate writ in the nature of Mandamus directing the respondents to forthwith release and pay the outstanding differential salary arrears to the petitioner, as the petitioner was promoted from the post of Lecturer to Reader/Assosicate Professor, but the differential salary arising out of such promotion has not been paid to him;

II. Further direct the respondents to pay

Patna High Court CWJC No.9420 of 2026(2) dt.06-07-2026 2/3 interest on the delayed payment of the aforesaid amount within a stipulated time frame;

III. Pass such other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."

3. The petitioner is said to have retired from the post of Assistant Professor in the Department of Philosophy at B.N.M.V. College, Sahugarh, Madhepura, which is a constituent unit under the Bhupendra Narayan Mandal University, Madhepura and, as such, the promotion, which is said to have been granted to the petitioner under the Time Bound Promotion Scheme as approved by the Chancellor, the petitioner became entitled for promotion to the post of Reader (Assistant Professor) with effect from 03.02.1993 in the prescribed payscale of Rs. 3000-5000 with all admissible dues.

4. It is the case of the petitioner that with grant of such promotion, the necessary fixation and arrears of salary has not been paid for which a representation has already been made.

5. On the other hand, counsel for the University submits that since the representation has already been filed and if the promotions have been extended to the petitioner, which is not in dispute, in such event, the concerned Authority of the University may be directed to take a final decision and the benefit for which the petitioner is entitled may be directed to be

Patna High Court CWJC No.9420 of 2026(2) dt.06-07-2026 3/3 extended to him by fixing a time frame.

6. Considering the aforesaid stand of the parties, the petitioner is directed to file a fresh representation, within a period of four weeks from today, in continuation of the earlier representation appended to the writ application as Annexure P/5, along with all supportive documents, before the Registrar of Bhupendra Narayan Mandal University, Madhepura whereafter the Registrar shall consider and adjudicate the grievances of the petitioner after verifying his bona fides with reference to the records maintained by the University and if the petitioner's claim is found to be genuine, the Registrar of Bhupendra Narayan Mandal University, Madhepura shall pass the necessary orders within a further period of twelve weeks, and all consequential benefits to which the petitioner is entitled shall also be extended to him within the said period.

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

(Ajit Kumar, J) rishi/- U