Dr. Amaresh Ranjan v. The Nalanda Open University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.383 of 2025 ====================================================== Dr. Amaresh Ranjan Son of Musafir Singh, Resident of Gulbi Ghat, Baksariya Tola, P.O.-Mahendru, P.S.-Sultanganj, District-Patna, the then Assistant Professor, the Nalanda Open University, in the Department of Mathematics, Study Center at 3rd Floor, Biscomaun Bhawan, West Gandhi Maidan, Patna. ... ... Petitioner/s

Versus

1.

The Nalanda Open University Bargaon, Nalanda (Bihar), Pin-803111. 2.

The Vice Chancellor, Nalanda Open University, Bargaon, Nalanda (Bihar), Pin-803111.

3.

The Registrar, Nalanda Open University, Bargaon, Nalanda (Bihar) Pin803111. 4.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. 5.

The Principal Secretary, Department of Education, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

6.

The Director (Higher Education), Department of Education, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna.

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

For the Petitioner/s : Mr. Avanindra Kumar Jha, Adv For the State : Mr. Sanjay Kumar, AC to GP (23) For Nalanda Open University : Mr. Dr. Anand Kumar, Adv Mr. Rajan Prakash, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-02-2026 Heard learned counsel for the petitioner, learned counsel for the Nalanda Open University and learned counsel for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

2/5 (i) To hold and declare that, the action of the respondents concerned of the Nalanda Open University in not finally settling the Petitioner's, following grievances/making payment of outstanding dues mentioned herein below, is arbitrary, discriminatory, malafide, illegal, malacious, bad in law and fit to be deprecated in strong words.

1. Approx 2/3 part of the Arrears of Salary for the 6th pay revision,

2. Annual 3% increment during the 6th Pay revision has been paid for a brief period only in the financial year 2015-2016.

For rest of the financial years, (before & after both) benefits of annual increments were not paid.

3. Petitioner's pay revision, in the 7th pay Revision was not made upon adding the benefit of 3% annual increments.

4. Petitioner's pay fixation in 7th pay revision has been made at a reduced/lesser pay.

5. No arrears of salary of 7th Pay revision has been paid till date.

6. Since the pay in 6th Pay revision and 7th pay revision, total & gross pay were calculated at lesser rate, thus, D.A. and other allowances have also been calculated in erroneous manner, hence arrears under

3/5 different heads of HRA/CTA/Medical allowances are also required to be paid at revised rate, upon correction of pay & pay scale.

7. Arrears of pay equivalent to salary of one day, deducted every year, every six month or, in the month of March and September, that too without any reasoned order or information (is required to be paid).

8. Payment for Rs. 20000/-, writing/preparing Self learning material for University namely, 'Statistical Method & linear programing of BCA Part-II'.

(ii) For issuance of appropriate orders, direction or writ in the nature of Mandanus for directing the respondents concerned of the Nalanda Open University to finally settle the Petitioner's, grievances/make payment of outstanding dues mentioned herein above at Para No. 1 (i) of this writ petition. For the sake of brevity, heads of payment due have not been repeated in this paragraph.

(iii) For issuance of appropriate orders, direction or writ in the nature of Mandanus for directing the respondents concerned to make payment of interest (penal interest) @ 18% per annum over the due and outstanding dues of the Petitioner, in view of the Judgment dated 31.01.2000 of

4/5 Apex Court in Civil Appeal No. 689 of 2000.

(iv)For grant of any other relief or relief's to which the Petitioners may be found entitled to, in the facts and circumstances of this case.

4. Learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner has already filed a representation before the Registrar of Nalanda Open University, Bargaon, Nalanda (respondent no. 3), which has been brought on record at page 34 of the writ application (Annexure-P/12 series) and as per the petitioner, the same continues to be pending. Learned counsel for the petitioner further submits that he would be satisfied if an appropriate direction be issued to the Registrar of Nalanda Open University, Bargaon, Nalanda (respondent no. 3) to dispose of the pending representation of the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for the respondent-State and learned counsel for the Nalanda Open University do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application

5/5 is disposed of directing the Registrar of Nalanda Open University, Bargaon, Nalanda (respondent no. 3) to dispose of the pending representation of the petitioner within six months from the date of receipt/production of a copy of this order by the petitioner, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Registrar of Nalanda Open University, Bargaon, Nalanda (respondent no. 3) should be a reasoned and speaking order. It is made clear that in case, the petitioner is found entitled to the relief which he has claimed through the representation, the same shall be extended to the petitioner within a further period of three months from the date of passing of the final order.

7. With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U