Dr. Anjula Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8602 of 2026 ====================================================== Dr. Anjula Kumari W/o Dr. Sundeshwer Narain Karn, D/o Lakshmi Narayan Das, Resident of Mohalla Prabhat Nagar, Ward no. 25, Near D.S. College, Katihar, P.O., P.S. and District- Katihar.

... ... Petitioner/s

Versus

1.

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

2.

The Vice Chancellor, B.N. Mandal University, Madhepura. 3.

The Registrar, B.N. Mandal University Madhepura, District- Madhepura. 4.

The Finance Officer, B.N. Mandal University, Madhepura, Dist. Madhepura. 5.

The Principal, K.B. Jha College Katihar, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Narayan, Advocate For Respondents no. 2 to 4:

Mr. Nadim Seraj, Advocate For the State :

Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-07-2026 Heard Mr. Amarendra Narayan, learned counsel appearing on behalf of the petitioner; Mr. Nadim Seraj, learned counsel for the B.N. Mandal University and Mr. Manoj Kumar, learned AC to GP-4 for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- "1. That this petition is being filed for issuance of writ of appropriate nature order or direction, commanding respondents to pay full amount of gratuity, difference of pension, difference of leave encashment, and difference of arrears of salary payable to the petitioner on implementation of pay revision on promotion granted to her fully detailed and described in para 16 below, which till

2/4 day has not been paid to her due to inaction and discriminatory attitude of the respondents despite repeated representations and reminders to the respondent authorities.

The petitioner also prays for a direction to respondents to pay all due amount along with interest 12% per-annum from due date of its payment till day of payment, since the respondents themselves are responsible for causing inordinate delay in payment of the admitted dues of terminal benefit amount and arrears of salary without any fault of the petitioner."

3. Learned counsel appearing on behalf of the petitioner informs that in paragraph no. 16 of the writ petition, he has given the details regarding retiral dues, which have not been paid to the petitioner till date. Petitioner had retired on 28.02.2018 from the post of Associate Professor in Psychology at K.B.Jha College falling within the jurisdiction of B.N. Mandal University. Learned counsel further informs that petitioner has also filed representation before the ViceChancellor and the Registrar of the University but the same is pending consideration. Petitioner is medically unfit and she is undergoing treatment at New Delhi.

4. Mr. Nadim Seraj, learned counsel appearing on behalf of the University submits that petitioner will be paid all the admissible dues subject to the fulfillment of the government conditions and the university resources, but the case of the petitioner, who is suffering medically, is required to be

3/4 considered sympathetically.

5. Mr. Manoj Kumar, learned counsel appearing on behalf of the State realising the pathetic condition of the petitioner submits that he will ensure, if the Vice-Chancellor or the Registrar of the University act upon, in case any fund is required for making payment of retiral dues to the petitioner under different heads, the same will be disbursed in accordance with law, so that petitioner is paid the due amount.

6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the grievance of the petitioner in respect of non payment of retiral dues as contained in paragraph no. 16 of the writ petition, which inter alia is as under:

"16. That to summarize the claim and entitlement, the petitioner is yet to get the following due amount from the account of :- i). Difference of amount of Gratuity (Rs. 1000000/-).

ii). Difference of leave Encashment after calculation on revision of salary on revision of salary. iii). Pension arrear for the period from 01.03.2018 in revised pay scale along arrears. iv). Due difference of salary on account of his promotion on the post of Senior Lecturer and Associate Professor.

v). Amount of dearness allowances, not paid to petitioner.

vi). Interest @12% on all due arrears from due date of payment till date of payment."

7. I find it proper to direct the Registrar of the University to act upon immediately to redress the grievance of

4/4 the petitioner and make payment of the admissible dues to the petitioner forthwith not beyond a period of three weeks, in accordance with law considering the serious health condition of the petitioner, who is undergoing treatment at New Delhi.

8. In case of failure to make payment within the aforesaid period, the petitioner is at liberty to take legal action against the Vice-Chancellor and the Registrar of the University for delaying in making payment of the admissible dues, in accordance with law.

9. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- U