Akhilesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17192 of 2025 ====================================================== 1.

Akhilesh Kumar Jha Son of Chandra Kant Jha, Resident of Ward No. 10, P.O. and P.S.- Chikna, District- Madhubani, Pin Code- 847402. 2.

Umesh Kumar Mandal, Son of Baleshwar Mandal, Resident of P.O.- Gangarahi, P.S.- Shiv Nagar, District- Samastipur, Pin Code- 848117. 3.

Vijay Kumar Roy, Son of Ganesh Kumar Roy, Resident of Ward No. 14, Ekmighat Chowk, P.O.- Ekmi, P.S.- Laheriasarai, Bahadurpur, DistrictDarbhanga, Pin Code- 846001. 4.

Indrajeet Kumar, Son of Devnarayan Mukhiya, resident of Ward No. 01, Barakhot, P.O. and P.S.- Budhma, District- Madhepura, Pin Code- 852210. 5.

Brajesh Kumar Jha, Son of Bimlanand Jha, Resident of Village- Sukhsena, P.O.- Bhatotar Chakla, P.S.- B. Kothi, District- Purnia, Pin Code- 854203. 6.

Vikram Kumar Gurjar, Son of Jormal, Resident of House No. 8, P.O. and P.S.- Neemali, District- Jaipur (Rajasthan), Pin Code- 303119. 7.

Rina Kumari, Wife of Hemant Kumar Jha, Resident of Ward No. 8, VillageTektar, P.O. Madhpur, P.S.- Kamtaul, District- Darbhanga, Pin Code847306. ... ... Petitioner/s

Versus

1.

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

2.

Kameshwar Singh Darbhanga Sanskrit University, Darbhanga through its Registrar.

3.

Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

4.

Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. 5.

Amilal Babua Sanskrit Upshastri College, Khara Budhama, Madhepura through its Principal.

6.

Principal, Amilal Babua Sanskrit Upshastri College, Khara Budhama, Madhepura.

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

For the Petitioner/s :

Mr. Abhinav Shrivastava, Sr. Adv.

Mr. Raushan, Adv.

Mr. Pushkar Bharadwaj, Adv.

Ms. Shreyashi Raj, Adv.

Mr. Akshat, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 For the University :

Mr. Jai Prakash Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

2/4 Date : 27-07-2026 Heard Mr. Abhinav Srivastava, learned Senior Advocate for the petitioners and Mr. Jai Prakash Singh, learned Advocate for the University.

2. The petitioners, who are the teaching and nonteaching employees of Amilal Babua Sanskrit Upshastri College, Khara Budhama, Madhepura, have approached this Court seeking a direction upon the concerned respondent authorities, including the Education Department of the State and Kameshwar Singh Darbhanga Sanskrit University, to make necessary payment of current salary as well as arrears of salary in their favor, who have been continuously working against their respective posts.

3. It is submitted with all vehemence that despite the appointment of the petitioners having been approved long back under Memo No. 91/23 dated 19.01.2023, till date, the petitioners have been deprived from their current salary as well as arrears thereof. On the last occasion when the matter was taken up, considering the averments made in paragraph nos. 32 and 33 of the writ petition read with Annexure-17, this Court had directed the respondents to ensure filing a response to the averments made therein.

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4. In compliance thereof, the University has filed a counter-affidavit. However, the authorities have not controverted to the submissions made in paragraph nos. 32 and 33 of the writ petition. Bare reading of the aforesaid paragraphs, it is evident that the Education Department, vide its letter dated 03.06.2025, has submitted details with respect to necessary information regarding allocation of necessary funds in favor of different Universities in the State of Bihar along with the list of persons, who are entitled for being made payment of salary out of the grants made available by the State Government, amongst other persons, including the present petitioners.

5. Referring to Annexure-17, Mr. Abhinav Shrivastava, learned Senior Advocate submits that the names of the petitioners also find place in the list of the employees, which is appended to Annexure-17 to the writ petition.

6. Having considered the submissions advanced and upon perusal of the materials available on record, this Court is of the opinion that once the necessary funds have already been allocated to the University, especially Kameshwar Singh Darbhanga Sanskrit University, who is respondent before this Court and obliged to take action for the disbursement of admissible salary or arrears thereof, any delay in disbursement

4/4 of the same amounts to undue delay and deprivation of the same, without any justifiable reason. Hence, this Court directs the Registrar of the University to ensure payment of all the admissible current salary along with the arrears of salary in favor of the petitioners, preferably within a period of six weeks from the date of receipt/production of a copy of this order.

7. Suffice it to observe that any delay in making payment of admissible amounts shall invite stern action as well as appropriate cost, which shall be realized from the erring officials.

8. The writ petition stands disposed off.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.07.2026 Transmission Date NA