Ashok Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18198 of 2025 ====================================================== Ashok Kumar Jha, Son of Late Kusheshwar Jha, Retired Associate Professor, Department of Botany, M.I.T. College, Saharsa, permanent resident of 53 V.I.P. Road, Purab Bazar, Ward No. 33 Opposite of L.I.C. Office, P.S.- Saharsa, District- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Higher Education, Bihar, Patna. 4.

Bhupendra Narayan Mishra University, Madhepura through its Registrar. 5.

The Vice-Chanceller, Bhupendra Narayan Mandal University, Madhepura. 6.

The Registrar, Bhupendra Narayan Mandal University, Madhepura. 7.

The Finance Officer, Bhupendra Narayan Mandal University, Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Respondent/s :

Mr. Birju Prasad, GP-13 Mrs. Shweta Anand, AC to GP-13 For the B.N.M. Univ.

:

Mr. Ashhar Mustafa, Adv.

Ms. Anita Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-11-2025 Heard the parties.

2. The petitioner has approached this Court seeking a direction upon the respondent authorities of the University to ensure payment of due amount of differential salary accrued on account of promotion of the petitioner to the post of Selection Grade Lecturer (Associate Professor) on 01.01.2006.

3. Learned Advocate for the petitioner submitted that the facts are admitted to the extent that the petitioner was duly

Patna High Court CWJC No.18198 of 2025(2) dt.17-11-2025 2/3 appointed as a Lecturer in the Department of Botany on 02.11.1983 and subsequent thereto, he was found eligible and promoted to the post of Senior Lecturer on 22.07.1998 and subsequently, the pay scale of Senior Grade Lecturer with effect from 08.08.2001. The petitioner later on, promoted to the post of Associate Professor on 01.01.2006 and discharged the duty to the entire satisfaction of the authorities concerned and finally superannuated from service on 31.12.2024 from the post of Associate Professor, Department of Botany within the B.N. Mandal University, Madhepura. However, till date, the petitioner has not been allowed the arrears of differential salary for the post of Associate Professor.

It is specifically contended that the statement of arrears of salary has also been prepared by the B.N. Mandal University on account of getting approval of the Pay Verification Cell from the respondent State. To support the aforesaid contention, the statement of arrears of salary as well as the certificate issued by the Pay Verification Cell have also been placed on record.

4. Mr. Ashhar Mustafa, learned Advocate for the University submits that there is variance in the due amount found admitted in the statement of arrears of salary and the representation filed by the petitioner.

Patna High Court CWJC No.18198 of 2025(2) dt.17-11-2025 3/3

5. Be that as it may, considering the nature of grievance, this Court deems it fit and proper to direct the petitioner to file a detailed representation alongwith the necessary documents in support of his claim before the Registrar of the University preferably within a period of two weeks' from today. In case such a representation is filed, the same shall be considered by the Registrar of the University and disposed off by the same preferably within a further period of eight weeks'.

6. Suffice it to observe that within the stipulated period all the admissible dues must be paid to the petitioner.

7. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) supratim/- U