Dr. Brajendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.746 of 2025 ====================================================== Dr. Brajendra Mishra Son of Bedanand Mishra Resident of Manas Nagar, Hatiya Gachhi, Ward No.- 32, P.S. and District- Saharsa, Retd. Reader, Department of Chemistry, R.M. College, 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 Mandal University, Madhepura through its Registrar. 5.

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

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the State :

Mr. Manoj Kumar Ambashta, SC-26 Mr. Santosh Kr. Mishra, AC to SC-26 For the Respondent :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2025 Heard learned counsel for the parties.

2.

The present writ application is filed for the issuance of appropriate order/orders, direction/directions, writ/writs, preferably in the nature of mandamus, commanding and directing the Respondent authority concerned to make payment of due amount of differential salary, due since 06.11.1993 to the date of retirement i.e. January, 2023 with admissible interest on delay payment, which accrued on account of promotion of the petitioner to the post of Reader, as the same has not been paid to petitioner till date even though petitioner superannuated from

Patna High Court CWJC No.746 of 2025(2) dt.29-01-2025 2/2 service on 01.02.2023, despite making several requests and filing representations by the petitioner to the Respondent authority concerned and without there being any valid and cogent reason. Any other relief/reliefs for which the petitioner is found entitled, in the facts and circumstances of the case. 3.

Considering the aforementioned reliefs, I direct the petitioner to file a fresh representation within four weeks before the respondent no.6 and respondent no.6 would be obliged to pass a reasoned and speaking order within one month thereafter and if it is found that the petitioner is entitled for any admitted dues, the same must be paid to him within two months thereafter.

4.

It is made clear that this Court may take serious view against the concerned respondent if the order is not complied within the stipulated period.

5.

With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) priyanka/- U