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Patna High CourtCWJC/9523/2026disposed

Dr. Kiran Kumari v. The State Of Bihar

2026-07-283 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9523 of 2026 ====================================================== Dr. Kiran Kumari Wife of Shri Shiv Narayan Singh, Resident of Shankar Puri, Satpura, Neem Chowk, P.S- Kazi-Mohammadpur, District- Muzaffarpur, Pin842002, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

Director, Directorate of Distance Education, L.N. Mithila University, Darbhanga.

3.

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

Registrar, Lalit Narayan Mithila University, Darbhanga. 5.

Pro Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga. 6.

The Finance Officer, L.N. Mithila University, Darbhanga. 7.

Accountant, Directorate of Distance Education, L.N. Mithila University, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Vikram, Advocate For the Respondent/s :

MrRajesh Kumar, AC to Government Pleader (3) For the University :

Mr.Manoj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2026 Heard Mr. Kumar Vikram, learned counsel appearing on behalf of the petitioner, Mr. Rajesh Kumar, learned AC to Government Pleader (3) appearing on behalf of the State and Mr. Manoj Kumar Singh, learned counsel appearing on behalf of the University.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia the following relief(s), which is reproduced hereinafter:- "I. That the petitioners are filing the present

Patna High Court CWJC No.9523 of 2026(2) dt.28-07-2026 2/3 writ application in the nature of Mandamus commanding the Respondents to forthwith compute, sanction and release the full amount of Gratuity from the date of 15.01.2009 till her retirement on 31.05.2024, approximately amounting to Rs. 12,00,000/- (twelve lakhs) andfurther to pay statutory and compensatory interest on the delayed disbursement in accordance with Section 7(3A) of the Payment of Gratuity Act, 1972 and the settled law declared by the Hon'ble Supreme Court and this Hon'ble Court.

II. That the present writ application is being filed in the nature of Mandamus directing the Respondents to forthwith compute and release all arrears of salary due approximately amounting to Rs. 13,00,000/- (thirteen lakhs) to the petitioner for the period from 1 2009 to 2014 including all consequential revisions, fitment and pay fixation benefits admissible under the applicable UGC/NCTE/State Government norms, the subsequent regularization order and the governing service framework applicable to teachers in universities and affiliated institutions.

III. That the present writ application is being filed in the nature of Mandamus directing the Respondents to forthwith compute, sanction and release the full amount of Leave Encashment against earned leave from the date of 15.01.2009 till her retirement on 31.05.2024, approximately amounting to Rs. 14,50,000/- (fourteen lakhs and fifty thousand) and further to pay statutory and compensatory interest on the delayed disbursement.

IV. That the present writ application is being filed in the nature of to pay suitable Mandamus directing the Respondents compensation to the petitioner for the mental agony, financial hardship and harassment caused due to non-release of retiral benefits despite repeated representations dated 30.03.2026, 20.04.2026 and 11.05.2026.

V. For any such other relief including any interim orders for protection of petitioner's rights/interests for which the petitioner is entitled for."

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner retired from service on 31.05.2024 and has not been paid her retiral dues under different heads. He further submitted that the petitioner has already submitted representations, including the representation dated 11.05.2026, before the Director, Directorate of Distance

Patna High Court CWJC No.9523 of 2026(2) dt.28-07-2026 3/3 Education, L.N. Mithila University, Darbhanga, but the same has not been considered till date.

4. Considering the aforesaid submissions and the fact that the petitioner has already approached the authority concerned by filing representations, I find it proper to direct the Registrar, L.N. Mithila University, Darbhanga to call for the service particulars of the petitioner from the Director, Directorate of Distance Education, L.N. Mithila University, Darbhanga, examine the petitioner's claim in accordance with law and ensure payment of all admissible retiral dues well within a period of six weeks from the date of receipt/production of a copy of this order.

5. Accordingly, the present application stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U