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Patna High CourtCWJC/8998/2026disposed

Kamala Prasad Singh v. The State Of Bihar

2026-06-30Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8998 of 2026 ====================================================== Kamala Prasad Singh Son of Late Radha Krishna Singh, Resident of Village - Kalyanpur, P.O. - Makshedpur, P.S. - Tekari, District Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The Director Higher Education, Education Department, Govt. of Bihar, Patna.

3.

The Vice Chancellor, Magadh University, Bodh Gaya. 4.

The Registrar Magadh University, Bodh Gaya.

5.

The Principal of S.N. Sinha College Tekari, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava, Adv.

For the State :

Mr. Sarvesh Kumar, AAG13 Mr. Abhinav Alok, AC to AAG13 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 30-06-2026 The instant writ petition has been filed for the following relief:- "1. a. For issuance direction/ directions and commanding to respondents for granting pay scale of shorter to the petitioner since his initial date of appointment i.e. 01.04.1976.

b. For direction upon the respondent specially respondent no. 3 (Annexure-P/7) to dispose off representation dated 16.07.2025 contained as Annexurec. For grant any other relief(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Counsel for the petitioner submits that the petitioner was duly appointed on the post of Sorter in S.N. Sinha College, Tekari on 01.04.1976 and, since then, he continued to

Patna High Court CWJC No.8998 of 2026(2) dt.30-06-2026 2/3 discharge his duty till he got retired on 05.12.2011.

3. It is the case of the petitioner that the petitioner is senior to one Shri Gauri Shankar Singh who was appointed subsequently on 14.07.1976 as Library Assistant and despite the petitioner's service as against the post of Sorter in Library Department having been confirmed by the Governing Body vide Resolution dated 17.01.1983, the salary in terms of the pay attached to the post of Sorter was not allowed in favour of the petitioner.

4. It is next submitted that the petitioner filed writ application in the year 1989 vide CWJC No. 10170 of 1989 which was disposed of on 19.03.1990, in which the Hon'ble Court had directed the University authorities to dispose of the representation filed by the petitioner, which came to be decided by the authorities of the University in the year 2000 vide office order dated 16.12.2000.

5. It is next submitted that the petitioner being aggrieved with the said decision filed a representation before the Vice Chancellor of the Magadh University, Bodh Gaya dated 16.07.2025, which is appended with the writ petition as Annexure-P/7 and the same has not been decided as yet. It is further submitted that the representation of the petitioner may be

Patna High Court CWJC No.8998 of 2026(2) dt.30-06-2026 3/3 directed to be disposed of by passing a reasoned and speaking order.

6. On the other hand, counsel for the University submits that the representation filed by the petitioner may be directed to be disposed of in accordance with law.

7. Considering the stand of both the parties, this Court directs the Vice-Chancellor of Magadh University, Bodh Gaya, to examine the claim of the petitioner, as well as his entitlement, in accordance with law, with reference to the official records maintained in the office, and take a decision with respect to the grant of the pay scale attached to the post of Sorter. In case, upon such examination, it is found that the claim of the petitioner is genuine, necessary decision shall be taken and the same shall also be communicated to the petitioner.

8. The entire exercise will be concluded within a period of three months from the date of receipt/production of a copy of this order.

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

(Ajit Kumar, J) rishi/- U