Udai Mahto @ Uday Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18544 of 2025 ====================================================== Udai Mahto @ Uday Mahto S/o Govind Mahto, Resident of Betuara, Ward No. 05, Bitaura, Patna, P.O. and P.S- Beur, District- Patna, Pincode- 800002. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Education, New Secretariat, Government of Bihar, Patna. 2.

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

3.

The Director, Higher Education, Department of Education, Government of Bihar, New Secretariat, Patna.

4.

The Veer Kunwar Singh University, Arrah Through its Registrar, Bhojpur. 5.

The Vice Chancellor, Veer Kunwar Singh University, Arrah, Bhojpur. 6.

The Registrar, Veer Kunwar Singh University, Arrah, Bhojpur. 7.

The Finance Officer, Veer Kunwar Singh University, Arrah, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Dubey Mr. Kumar Gaurav Mr. Shashank Kashyap For the Respondent/s :

Addl. Advocate General (07) Mr. Rajesh Prasad Chaudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner, learned counsel for the University and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondents particularly respondent no.4 to 6 to make payment of the

2/4 arrears of salary to the petitioner @ of Rs.38383/- per month i.e. after deducting the pension from the salary, as per the provisions contained in Clause 6 of the "Sankalp" issued by the General Administration Department Government of Bihar contained in Memo No.3/M-63/2013 GA 10000/Patna dated 10.07.2015 under the signature of the Additional Chief Secretary to the Government, General Administration Department, Government of Bihar, Patna on the order of Governor of Bihar.

(ii) For directing the respondent to make payment of the aforesaid amount along with interest @ 18% per annum to the petitioner w.e.f. 01.11.2021 till the final payment and give similar treatment to the petitioner as has been granted to similar situated employee namely Dayakant Trivedi on the basis of orders passed by Bench of this Court in CWJC No.15001 of 2021.

(iii) For any other relief(s) to which the petitioner is found entitled to.

3. Learned counsel for the petitioner submits that Resolution of the State Government issued through the General Administration Department has been found to be applicable in the case of the employees of the University vide Annexure-P3 and P4 and in view such applicability have been notified by the Governor, Secretariat Bihar vide Annexure-P1, the petitioner, who is said to have retired in the year 2021, was engaged subsequently on contractual basis, has filed a representation vide Annexure-P9 dated 14.10.2025 and submits that his case

3/4 may be adjudicated and the benefits, if any, found payable to this petitioner may be directed to be extended in the light of the order dated 07.08.2025 passed in C.W.J.C. No.15001 of 2021, Dayakant Trivedi v. The State of Bihar and Others, which is appended with this writ petition as Annexure-P10.

4. On the other hand, learned counsel for the University, vehemently opposes the cause of this petitioner by submitting that he has only got wiser after Annexure-P10 which was passed by this Court else he was satisfied with what he was allowed upon his retirement in the year 2021.

5. Be that as it may, appropriate adjudication as per the entitlement shown by the parties concerned in terms of Annexure-P3 and P4, are required to be made over the representation, which is already filed before the Registrar, Veer Kunwar University, Arrah, in accordance with law.

6. Learned counsel for the petitioner is permitted to file a fresh representation in continuation with Annexure-P9 along with all supportive materials, which according to him, is found justified for addressing his claim within a period of four weeks from today and on submission of such representation, it is expected that the authorities competent in law would take a final decision within a further period of six weeks and if the

4/4 benefits are found admissible, the same shall be extended within the same time.

7. Accordingly, the instant writ petition stands disposed of.

(Ajit Kumar, J) shikha/- U