Mahesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.197 of 2025 ====================================================== Mahesh Prasad Son of Ramdev Prasad, Resident of 302, Keshaw Lal Plaza, Prithivipur, Chiraiyatad, Phulwari, Patna G.P.O. Patna, Bihar- 800001. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

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

4.

The Vice-Chancellor, Patliputra University, Patna. 5.

The Registrar, Patliputra University, Patna.

6.

The Finance Officer, Patliputra University, Patna. 7.

The Principal, College of Commerce, Patna.

8.

The Vice-Chancellor, Magadh University, Bodh Gaya. 9.

The Registrar, Magadh University, Bodh Gaya.

10.

The Finance Officer, Magadh University, Bodh Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratik Kumar Sinha For the Respondent/s :

Mr.Addl. Advocate General (04) For P.P.U.

:

Mr. Rana Vikram Singh, Adv.

Mrs. Rasika Adv.

For M.U.

:

Mr. Pankaj Kumar Singh, Adv.

For State :

Mr. AC to AAG -4 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-10-2025 Heard the parties.

2. The petitioner has approached this Court for the following relief/s:- "(i) To issue a writ of mandamus directing the respondent authorities, particularly the respondent nos. 4 to 7 to make payment of difference of arrears of salary for

Patna High Court CWJC No.197 of 2025(3) dt.09-10-2025 2/3 the period between 1/1/1996 to Feb, 2007 in the pay scale of Rs. 5500-9000 and similarly difference of arrears of salary for the period between 1/3/2007 to February, 2018 in revised pay scale sixth) of Rs. 9300-34800 totalling to Rs.2018009/-with suitable interest;

(ii) To issue a writ of mandamus directing the respondent authorities, particularly the respondent nos. 4 to 7 further to make payment of difference of provident fund amount on account of difference of arrears of salaries for the period between 1/1/1996 to Feb, 2007 in the pay scale of Rs. 5500-9000 and similarly difference of arrears of salary for the period between 1/3/2007 to February, 2018 in revised pay scale (sixth) of Rs. 9300-34800/- totalling to Rs. 200419/- with suitable interest; (iii) To issue a further writ of mandamus directing the university authorities i.e. respondent nos. 4 to 7 to make payment of Rs. 31, 160/- under the head of Group Insurance Amount with suitable interest;

(iv) To issue further order/orders or writ/writs or direction/directions directing the respondent authorities to grant him further relief as he may be entitled under the law in the attending facts and circumstances of the case".

3. Learned Advocate for the petitioner taking this Court to various orders passed by this Court, the copies of which have been placed on record specially, annexure -9 and 15 of the writ

Patna High Court CWJC No.197 of 2025(3) dt.09-10-2025 3/3 petition i.e. L.P.A. No. 317of 2015 and CWJC No. 6971 of 2018 respectively, submitted that the identically situated persons have been extended the reliefs as sought for by the petitioner in the present writ petition but discrimination has been caused to the petitioner.

4. Learned Advocates for the Patlitputra University and Magadh University have submitted that the pay verification of the petitioner has been duly carried out, however, in absence of funds, till date, the payment could not be made.

5. Considering the limited grievance of the petitioner, this Court deems fit and proper to dispose of the writ petition with a direction to the respondent nos. 4 and 5 to ensure the payment of admissible amount, preferably within a period of three months from the date of receipt / production of a copy of this order. Suffice it to observe that the State shall ensure release of sufficient funds in favour of the University so that the payment to its employees could be made.

6. With the aforesaid observation/direction, the writ petition stands disposed of.

(Harish Kumar, J) sunilkumar/- U