Kamlesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21441 of 2021 ====================================================== 1.

Kamlesh Kumar Rai Son of Shambhu Rai Resident of Village-GhurannpurPipari, P.S. Kargahar, District-Rohtas. 2.

Arvind Kumar Son of Vijaymal Singh Resident of Village-Karup, P.S.-Shiv Sagar, Disrict-Rohtas.

3.

Jayant, Son of Narmdeshwar, Resident of Village-Sikariya, P.S. Sasaram,District-Rohtas.

4.

Rakesh KUmar Choudhary Son of Shyamnarayan Singh, Resident of Village-Ghori P.S. Kargahar, District-Rohtas. 5.

Umesh Kumar Tiwari Son of Ram Chandra Tiwari Resident of VillageManipur, P.S.-Lalganj, District-Pratapgarh (U.P.). 6.

Kanchan Kumari Wife of Santosh Kumar Soni, Resident of Alamganj, Sasaram, P.S.-Sasaram, District-Rohtas.

... ... Petitioner/s

Versus

1.

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

2.

Veer Kuer Singh UNiversity, Ara through its Registrar, 3.

The Vice Chancellor, Veer Kuer Singh University, Ara. 4.

The Department of Education (B.ED), S.P. Jain College, Sasaram DistrictRohtas through its Director-Cum-Principal. 5.

The Director-Cum-Principal, S.P. Jain College, Sasaram, Department of Education (B.ED), District-Rohtas.

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

For the Petitioner/s :

Mr. Rakesh Kumar Samrendra, Advocate For the State :

Mr. Mukund Mohan Jha, AC to GP 27 For respondents no.4 & 5 :

Mr. Giridhar Gopal Tiwary, Advocate Mr. Brajesh Prasad Gupta, Advocate Mr. Manish Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 05-08-2025 Heard Mr. Rakesh Kumar Samrendra, learned counsel appearing on behalf of the petitioners; Mr. Mukund Mohan Jha, learned AC to GP 27 for the State and Mr. Giridhar Gopal Tiwary along with Mr. Brajesh Prasad Gupta and Mr. Manish Ranjan Kumar, learned counsels for respondents no.4

2/4 and 5.

2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- (I) For commanding the respondents to make payment of arrears of salary from the academic session 2018-20 as well as the current salary to the petitioners in pay scale Basic salary Rs.15,600/-+AGC Rs.6000/-+142% current D.A. in compliance of the directions issued by this Hon'ble Court vide order dated 20.06.2018 passed in CWJC No.10534/2017.

(ii) For any other relief(s) to which the petitioner may be found entitled to in the facts and circumstances of the case."

3. In continuation of my earlier orders dated 23.06.2025, 01.07.2025 and 29.07.2025, the principal of the college, namely, S.P. Jain College, Sasaram appeared before this Court and today it is being informed on his behalfby Mr. Giridhar Goopal Tiwary, learned counsel, who has tendered his appearance on behalf of the principal that the Managing Committee in its meeting dated 31.07.2025 has taken a concious decision to resolve that the communication made by the Hon'ble Chancellor contained in memo No. 2019 dated 30.07.2018 is required to be mandatorily followed in light of the order dated 20.06.2018 passed in CWJC No.10534 of 2017.

4. Mr. Rakesh Kumar Samrendra, learned counsel for the petitioner submitted that admittedly the Managing Committee has resolved to grant benefit of pay scale of

3/4 Rs.15,600+6,000 + 142% (Dearnance Allowance), total pay Rs.52,272/- with effect from July 2025 but the petitioners are entitled for pay with effect from academic session 2018-20, which has been given to the teachers of Bed Institution attached to the Veer Kunwar Singh University, Ara. In this regard, he has relied to the decision taken in case of self-Finance Department of Education of Veer Kunwar Singh University for B.Ed. Course with effect from Session 2018-20. He has supported his claim by bringing on record the corrigendum issued by the Magadh University on 07.12.2023 from which date, the salary has been fixed for the Principal/HOD, Assistant Professor of B.Ed. Course and Principal/HOD, Assistant Professor and Associate Professor of M.Ed. Course. On 07.12.2023. The S.P. Jain College was also a constituent unit of Magadh University before its reorganisation, the decision is, therefore, required to be followed by the Veer Kunwar Singh University.

5. Heard the parties.

6. I find that the decision has been taken by the Managing Committee of the institution, namely, S.P. Jain College, Sasaram in its meeting dated 31.07.2025 to grant the payment of salary of Rs.52,272/- and at the same time, the petitioners have been able to make out a case that they become

4/4 entitled to the said salary from the academic session 2018-20. Therefore, in this regard also, a decision is required to be taken by the Managing Committee expeditiously to maintain uniformity. It is expected from the members of the Managing Committee of the college to adhere to the directives of the Hon'ble Chancellor as contained in Letter No.2109 dated 30.07.2018 to make payment from the academic session 201820.

7. I appreciate the step taken by the principal of the college and the Managing Committee of the college.

8. The writ petition is, accordingly, disposed of.

9. Interlocutory Application(s), if any, also stands disposed of.

10. There shall be no order as to costs.

(Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2025 Transmission Date NA