Tuntun Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8517 of 2026 ====================================================== Tuntun Prasad Yadav Son of Late Lalsa Prasad Yadav, Resident of villageChhapiya Khurd, Post Office- Chhapiya Buzurg, Police Station - Husainganj, District- Siwan.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Government of Bihar, Vikash Bhawan, Patna.

3.

Jai Prakash University, Chapra through its Registrar. 4.

The Vice Chancellor, Jai Prakash University, Chapra. 5.

The Registrar, Jai Prakash University, Chapra. 6.

The Principal, Rajendra College, Chapra.

7.

The Finance Officer, Jai Prakash University, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubh Narain Singh, Advocate Ms. Shifa Khan, Advocate For the University :

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

Mr. Government Advocate (2) Mr. Sumant Kumar Sinha, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ petition has been filed for the following reliefs :- That, this is an application for issuance of appropriate writ(s), direction(s) to the respondents for payment of arrears of salary on honorary and temporary basis from 09.05.2007 to 14.11.2023 (Teaching Staff Assistant Professor).

2/4 And/Or for any other relief / reliefs to the petitioner for which he may be entitled to in the eye of law.

3. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Professor vide Letter No.5693(R) dated 09.06.2007 in the Department of Sanskrit at Rajendra College, Chapra, under the Jai Prakash University. It is the case of the petitioner that respondent No.5, the Registrar, Jai Prakash University, Chapra, vide letter No. 4370(R) dated 30.11.2013, verified the services of the petitioner as Assistant Professor mentioned at Serial No.4 and thereafter, salary / arrear for the Ad-hoc Teaching Staff for the month of November 2013 was paid and further vide Ref. No. RC-1512 dated 06.05.2015 and RC-1989 dated 18.06.2016, the respondent No.6, the Principal, Rajendra College, Chapra, issued confirmation letter in favour of the petitioner and the petitioner, on 14.10.

2015, was appointed as Assistant Controller of Examinations, Rajendra College, Chapra respectively, and during the interregnum period, the petitioner has been awarded PhD. Degree in the subject of Sanskrit on 10.04.2019 in the faculty of J.P. University, Chapra. It has next been submitted that the respondent No.

3/4 vide Letter No.242(R) dated 08.11.2023.

4. It is the case of the petitioner that for payment of salary from 09.05.2007 to 14.11.2023, the petitioner is said to have made an application before the Registrar, J.P. University, Chapra, but for unexplained reasons, the same has not been paid.

5. Learned counsel for the petitioner has referred to the order passed by a Co-ordinate Bench of this Court in C.W.J.C. No.6168 of 2017 (Dr. Dhanajay Kumar Singh and Others v. The State of Bihar and Others) vide order dated 22.12.2017 and has also referred to the judgment of Hon'ble Apex Court, which has been passed in similar subject matter in the case of Man Singh v. The State of U.P. and Others, reported in 2022 SCC OnLine SC 726.

6. On the other hand, learned counsel for the J.P. University, submits that the case of the petitioner may be directed to be considered in light of the aforementioned orders / judgments after examining the entitlement of this petitioner in accordance with law.

7. Considering the stand of the parties that the petitioner's services have already been confirmed and that the petitioner possesses the requisite qualifications, and in the

4/4 absence of any other legal impediment to the release of salary to which the petitioner is entitled while continuing on the post, the petitioner is directed to file a fresh representation along with all supporting materials and documents, with a copy of the order passed by this Court, within a period of four weeks from today before the respondent No.5, who upon receipt of such representation, shall consider the same in accordance with law within a further period of eight weeks from the date of filing of such representation and after verifying the entitlement by referring to the records maintained by College and University, necessary decision shall be taken and all admissible benefits shall be paid.

8. Accordingly, the writ petition stands disposed of. (Ajit Kumar, J) sharun/- U