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Patna High CourtCWJC/9465/2025disposed

Prof. Mahendra Jha v. The State Of Bihar

2026-01-22Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9465 of 2025 ====================================================== 1.

Prof. Mahendra Jha S/o Late Yogeshwar Jha, Resident of- Loknathpur, Ward No.- 10, near N.A.C. office, Dalsinghsarai, District- Samastipur, retired as University Professor, in the subject of Botany, R.B. College Dalsinghsaral, Samastipur.

2.

Arshi Khatoon, W/o Late Maqbool Ahmad, Resident of - Wazeerganj Chela Chawni, Faizabad, Uttar Pradesh.

3.

Prof. Bisheshwar Pd. Sinha, S/o Ram Saran Lal, Resident of Harpur (Ashoka Hotel Ki Gali) Near Bol Barn Jal, Balli, Balliacity, Ballia, U.P. retired as University Professor, in the subject of Psychology, R.B. College Dalsinghsarai, Samastipur.

4.

Urmila Thakur, W/o Late Ram Bharat Thakur, Resident of villageLoknathpur Ganj, Ward No.-12, Dalsinghsarai, District- Samastipur. 5.

Ajit kumar Singh, S/o Late.Uma Ranjan Bahadur Singh, Resident of Saroj Kumar, Adarsh Colony, Road No.- 3, Golki More, Khemnichak, DistrictPatna, retired as Associate Professor, in the subject of Psychology, R.B. College Dalsinghsarai, Samastipur.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga. 4.

The Registrar, Lalit Narayan Mithila University, Darbhanga. 5.

The Finance Officer, Lalit Narayan Mithila University, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the State :

Mr.Sayed Hussain Majeed, AC to SC6 For the University :

Ms.Alka Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-01-2026 In the instant petition, petitioners have prayed for the following relief(s):- "(i) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing

Patna High Court CWJC No.9465 of 2025(3) dt.22-01-2026 2/3 the respondent authorities to make payment the rest amount of gratuity i.e.

amounting Rs. 10,00,000/-, difference of earn leave on account of revision effective w.e.f. 01.01.2016 to all the petitioners and payment of GIC @ 12.5% compound interest in view LPA No.196/2022, order dated 03.03.2025 to the petitioner no. 3, 4 and 5.

(ii) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondent authorities to make payment the amount of interest in view of Judgment passed in CWJC No.

6852/2021 (Lilawati Mishra Vs the State of Bihar & ors) (iii) For issuance of any other appropriate writ/writs, order/orders, direction/ directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."

2. Counsel for the petitioners fairly submits that pursuant to the order passed by this Court gratuity and earned leave has already been paid to these petitioners. While with regard to the remaining dues, that is GIC and its interest, these issues have already been adjudicated by Hon'ble Division Bench in the case of LPA No. 196 of 2022 (The Lalit Narayan Mithila Univesrity & Ors. vs. Yogendra Roy & Ors.) dated 03.03.2025 and similarly situated persons have already been paid the said amount.

3. Be that as it may, petitioners seek liberty for the grievances with respect to GIC and its interest, to file

Patna High Court CWJC No.9465 of 2025(3) dt.22-01-2026 3/3 representation before the Registrar, Lalit Narayan Mithilia University, Dharbhanga, who may be directed to adjudicate their claims strictly in consonance with the similarly situated persons, who have been allowed such benefits, and also taking into account the judgment of Hon'ble Division Bench, for which the petitioners are directed to file individual representation within a period of four weeks from today, which shall be adjudicated within a period of eight weeks from the date of representation with the copy of the order.

4. Needless to say, in case such representation is filed, then the admissibility of such claims shall be adjudicated by referring to the adjudication made on the judicial forums and if the claim is found admissible, the same shall be paid within a period of six weeks from the date of filing of representation.

5. Accordingly, the instant writ petition stands disposed of.

(Ajit Kumar, J) abhishekkr/- U