Birendra Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.405 of 2026 ====================================================== 1.

Birendra Nath son of Late Mahabir Thakur, resident of Munna Chowk (cheak) East Gali College of Commerce, Lohiya Nagar, Kankarbah, DistrictPatna-800020, Retd. Assistant, Nalanda College, Biharsharif, DistrictNalanda. 2.

Shri Nirapad Bhattacharya, son of Balram Bhatacharya, resident of villageTelpara, Post- Guptipara, Hogly, West Bengal-712512, Retd Steno Typist, Nalanda College, Biharsharif, Nalanda-803101. 3.

Pramod Kumar Singh, son of Rambadan Singh, resident of House No. 39(2), Udantpuri, Biharsharif District- Nalanda -803101, Retired Lab Incharge, Nalanda College, Biharsharif, Nalanda -803101, Mob- 9801864877. 4.

Bhuneshwar Prasad, son of Sri Ghamandi Prasad, resident of villageNakatpura, District - Nalanda, Bihasharif-803101, Retired Storekeeper, Nalanda College, Nalanda-803101.

5.

Ruplal Chaudhary, son of Brihaspat Chaudhary, resident of village-Marsua, P.O.- Ben, District- Nalanda, Biharsharif - 803114, Retired Assistant, Nalanda College, Biharsharif, Nalanda-803101. 6.

Lallan Singh, son of resident of Ward No.01, Near Mandir, village-Bhatu Bigha, P.O.- Eksara, District- Nalanda, Biharsharif-803114, Retired Peon, Nalanda College, Biharsharif, Nalanda, Biharsharif- 803101. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Higher Education, Bihar, Patna.

2.

The Vice Chancellor, Magadh University, Bodh Gaya. 3.

The Registrar, Magadh University, Bodh Gaya.

4.

The Vice Chancellor, Patliputra University, Patna. 5.

The Registrar, Patliputra University, Patna.

6.

The Principal, Nalanda College, Biharsharif (Nalanda). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudal Singh, Adv.

For the Respondent/s :

Mr. Dehurjati Kr. Prasad, GP-14 For the PPU :

Mr. Rana Vikram Singh, Adv.

Mrs. Rasika, Adv.

For the MU :

Mr. Siddhartha Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 13-01-2026 The writ petition has been filed for following relief:-

2/5 "1. That petitioners seeks indulgence to the Hon'ble High Court for the following reliefs:- (A) A writ in the nature of mandamus or any other appropriate writ, order/s direction commanding the respondents for the following reliefs:- (i) To pay the arrear of salary of the petitioners from the period of 01.04.1997 to 31.03.1917.

(ii) To pay the arrear of according to MU letter No. Bud/193/17 dt 19.09.17 and 143/17 dt 9.10.17 for the period of April 97 to March 2017 and according to detail chart contained in Annexure-P/1 (series).

(iii) To pay uptodate Panel interest on the dues amount of the petitioners forthwith. (B) To any other relief/reliefs for which the petitioners is entitled in law."

2. Learned counsel for the petitioners submits that the petitioners were originally appointed under the Magadh University but, some of the petitioners at the time of retirement, on carving out of the Patliputra University, their services were transferred under the jurisdiction of Patliputra University and they are said to have retired under the jurisdiction of newly carved out Patliputra University but, for no obvious reasons, neither the authorities of the Magadh University nor the Patliputra University have addressed the claim of the petitioners for ensuring payment of arrears of salary, for which the

3/5 petitioners are entitled for the period, which is referred in the relief portion of the writ petition.

3. At this stage, counsel for the Magadh University submits that the petitioners may be directed to file individual representation with all supporting materials for adjudication of their claim as the relief, which is said to have been sought by the petitioners jointly, are required to be addressed by the authorities of the University, looking to their entitlement on individual basis and, therefore, they may be directed to file individual representation, appending all necessary documents for ventilating their grievances.

4. On the other hand, Mr. Rana Vikram Singh, learned counsel representing the Patliputra University, submits that originally the petitioners were employed under the jurisdiction of Magadh University but, on carving out the Patliputra University, their services were transferred to Patliputra University while the records, pertaining to the entitlement in almost all the cases, might not have been transferred to the Patliputra University for adjudicating their claim and, therefore, the authorities of the Magadh University may be directed to transfer the records pertaining to the petitioners who are said to have retired from the Patliputra University, their records shall be

4/5 transferred with all payment details so that the adjudication of their grievances could be made within the time so framed.

5. Considering the submissions of the parties, this Court finds it appropriate to direct the petitioners to file individual representation appending details of their service records with payment so made during their service period so that necessary adjudication by the Registrar of both the Universities can be made.

6. All the petitioners would be obliged to file detailed representation within a period of four weeks from today and, on filing of such representation before the Registrar of both the Universities, they would be obliged to adjudicate their claim within a period of eight weeks thereafter and in case their records are not available with the University then appropriate requirement shall be placed before the Registrar of the Magadh University by the Registrar of the Patliputra University, who would be obliged to immediately address the requirement so placed and necessary documents for adjudication shall be immediately forwarded without any undue delay so that the time fixed by this Court for adjudication can be adhered by the authorities of the Patliputra University as well.

7. In view of the direction so issued, the petitioners

5/5 shall file individual representation within time so allowed and, on filing of such representation, it is expected that the Registrar of both the Universities shall address the claim and pass necessary orders with regard to relief sought for by the petitioners and, on finding substance in such claim, necessary orders by extending benefits shall also be ensured within the time so allowed.

8. With the aforesaid observations and direction, the writ petition stands disposed of.

(Ajit Kumar, J) rishi/- U