Ramesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21032 of 2025 ====================================================== Ramesh Prasad s/o Late Gourishankar Sao, Resident of Mohalla- Mohanlal Agrawal, Bartan Dukan, Thakurbari Road, Kadamkuan, PS- Kadamkuan, District-Patna- 800003.

... ... 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. 5.

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

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

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

For the Petitioner/s :

Mr. Ranjan Kumar Dubey, Adv.

Mr. Shashank Kashyap, Adv.

Mr. Kumar Gaurav, Adv.

Ms. Sheshadri Kumari, Adv.

Ms. Ishiqua Raj, Adv.

For the Respondent/s :

Mr. Bimal Kishore Singh, Adv.

Mr. Rajesh Prasad Chaudhary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 06-01-2026 Heard the parties.

2. Invoking the jurisdiction of this Court, the petitioner has sought the following reliefs:- "(i) For issuance of writ in the nature of command directing the respondents particularly respondent no. 4 to 6 to make payment of the arrears of salary/honorarium to the tune of Rs.

5,56,115/- for the work discharge by the petitioner on contractual basis for the

2/4 period from 15.07.2024 to 14.06.2025 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/M63/2013 G.A 10000/Patna-15 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 issuance of writ in the nature of command directing the respondent to make payment of the aforesaid amount along with interest @ 18% per annum to the petitioner w.e.f 15.07.2024 till the final payment.

(iii) For issuance of any other order/orders, writ/writs for which petitioner deemed entitled to."

3. The petitioner, after having successfully discharged his services, finally superannuated on 31.01.2020 as Assistant Director/Senior Auditing Officer 2. On being found eligible, the petitioner was duly appointed on contractual basis with effect from 15.07.2024, in the office of the Registrar, Veer Kunwar Singh University, Arrah on the direction of the Vice Chancellor of the University.

4. Mr. Ranjan Kumar Dubey, learned Advocate for the petitioner submitted that the very appointment of the petitioner on contractual basis was made in terms with the prescription of Memo No. 3/M-63/2013 G.A. 10000/Patna-15 dated 10.07.2015, issued under the signature of the Additional Chief Secretary of the

3/4 Government, General Administration Department, Government of Bihar, Patna. Bare perusal of Clause 6(i) and 6(iv) of the aforenoted resolution dated 10.07.2015, it is evident that the government employee appointed/engaged on contractual basis will be paid the monthly remuneration, after deducting the pension amount and the dearness allowance being paid on the pension at the time of his retirement from the last pay drawn by the employee, after adding the dearness allowance being paid to the retired employee on the last pay drawn by him.

5. The aforesaid facts also got strengthened in view of the letter bearing no. TBMU-06/2021-216 dated 12.02.2021, addressed to all the Vice Chancellors/Registrars of the University, directing them to follow the guidelines mentioned in resolution dated 10.07.2015, with respect to payment of remuneration/salary to those employees, who have been appointed on contractual basis. It is further contended that identically situated person, who has approached this Court for similar relief in CWJC No. 15001 of 2021, he has been allowed remuneration in terms with the government resolution dated 10.07.2015, however, discrimination has been caused to the petitioner. Notwithstanding the aforesaid facts, the petitioner has not been allowed due remuneration/honorarium in terms with the provisions of resolution dated 10.07.2015. Hence, the present writ petition.

6. Learned Advocate for the State and the University fairly

4/4 submitted that since the petitioner has already filed a representation for redressal of his grievance, the same would be considered by the competent authority.

7. Having considered the fair submissions of learned Advocate for the respective parties and taking note of the materials available on record, this Court deems it apt and proper to dispose off the writ petition with a direction to the Registrar of the Veer Kunwar Singh University, Arrah to take up the representation of the petitioner, the copy of which is placed on record as Annexures P/8 and P/9 and dispose of the same, in the light of the resolution bearing No. 3/M-63/2013 G.A. 10000/Patna-15 dated 10.07.2015 as well as Letter No. TBMU-06/2021-216 dated 12.02.2021 and further Letter no. 15/M 1-75/2015-3655 dated 30.09.2023, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order.

8. Suffice it to observe that if the claim of the petitioner finds favour, necessary consequential monetary benefits must be accorded to him within the period prescribed.

9. The writ petition stands disposed off.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.01.2026 Transmission Date NA