Patna High Court
Dr. Gopal Prasad Singh vs The B.N. Mandal University on 22 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14488 of 2022
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Dr. Gopal Prasad Singh S/o Chandeshwer Prasad Singh R/o Laxminath
Nagar, Ward No.- 05, Near Shikshak Sangh, P.O. and P.S. and District-
Saharsa- 852201.
... ... Petitioner/s
Versus
1. The B.N. Mandal University Madhepura, through its Registrar.
2. The Vice Chancellor, B.N. Mandal University, Madhepura.
3. The Registrar, B.N. Mandal University, Madhepura.
4. The Finance Officer, B.N. Mandal University, Madhepura.
5. The Principal, S.N.S.R.K.S. College, Saharsa.
6. The State of Bihar, through the Additional Chief Secretary, Education
Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.
7. The Director, Higher Education, Education Department, Govt. of Bihar,
New Secretariat, Vikas Bhawan, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate
Mr. Narendra Kumar Sinha, Advocate
Mr. Ram Naresh Jha, Advocate
For the Respondent/s : Mr. Kameshwar Kumar ( Gp 17 )
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 22-04-2025
Heard learned counsel for the parties.
2. The petitioner has filed this writ petition claiming Rs.
30,12,108/- being the salary for the period from August 2003 to
December, 2015 (wrongly typed as December, 2005 in paragraph
No. 1(i) of the writ petition) for having worked as Associate
Professor and in various other capacities in S.N.S.R.K.S. College,
Saharsa under B.N. Mandal University for the period mentioned
above.
Patna High Court CWJC No.14488 of 2022 dt.22-04-2025
3. Respondent Nos. 1 to 4/University have filed a
counter affidavit and a supplementary counter affidavit.
4. In paragraph No. 4 of the supplementary counter
affidavit, it has been stated as under:-
"4. That it is respectfully stated and submitted
that vide letter no. A/C-108/24 dated 18.10.2024 issued
under the signature of the Registrar of the University,
addressed to the Patna High Court CWJC No.14488 of
2022(7) dt. 08-04-2025 2/2 Director, Higher Education,
Department of Education, Government of Bihar, Patna,
requested for release of Rs. 30,13,108/- for making payment
of the arrears of salary of the petitioner for the period
August, 2003 to December, 2015. It is pointed out here that
the University is short of fund for making payment to the
petitioner, the University will immediately make payment of
the amount, released by the State Government, in favour of
the petitioner."
5. On perusal of paragraph No. 4 of the supplementary
counter affidavit filed by the University as noted, hereinabove, it
appears that the University has admitted that the petitioner is
entitled to arrears of salary amounting to Rs. 30,12,108/- for the
period from August 2003 to December, 2015.
6. The respondent Nos. 6 - 7/the State have also
contested the case by filing a counter affidavit.
Patna High Court CWJC No.14488 of 2022 dt.22-04-2025
7. The respondent Nos. 6-7/the State in the counter
affidavit filed does not elaborate as to how the petitioner is not
entitled to the arrears of salary as claimed in the writ petition,
except to say that the petitioner's claim of salary for the month of
August, 2003 to December, 2015 amounts to Rs. 30,13,108/- is
highly illegal, arbitrary, malafide, malicious and unsustainable in
the eye of the law.
8. Upon Consideration of the rival pleadings of the
parties, this Court in the proceeding held on 08.04.2025 had
passed the following order:-
'Heard learned counsel for the parties.
2. The petitioner has filed this writ petition
claiming Rs. 30,13,108/- being the salary for the period
August, 2003 to December, 2015 (wrongly typed as
December, 2005 in paragraph 1(i) of the writ petition) for
having worked as Associate Professor and in various other
capacities in S.N.S.R.K.S. College, Saharsa under B.N.
Mandal University in the period mentioned above.
3. Respondent Nos.1 to 4 - University have filed
counter affidavit and supplementary counter affidavit. 4. In
paragraph 4 of supplementary counter affidavit filed by the
University, it has been stated as under:
"4. That it is respectfully stated and submitted
that vide letter no. A/C-108/24 dated 18.10.2024 issued
under the signature of the Registrar of the University,
addressed to the Patna High Court CWJC No.14488 of
Patna High Court CWJC No.14488 of 2022 dt.22-04-2025
2022(7) dt.08-04-2025 2/2 Director, Higher Education,
Department of Education, Government of Bihar, Patna,
requested for release of Rs. 30,13,108/- for making payment
of the arrears of salary of the petitioner for the period
August, 2003 to December, 2015. It is pointed out here that
the University is short of fund for making payment to the
petitioner, the University will immediately make payment of
the amount, released by the State Government, in favour of
the petitioner."
5. In view of the above, learned Government
advocate prays for and is granted two weeks' time to
apprise this Court on the next date fixed as to by which
time the State Government will release the necessary fund
for payment of petitioner's arrears of salary.
6. List this case on 22.04.2025.'
9. Despite, two weeks' time granted to the learned State
counsel on his prayer on 08.04.2025 to enable him to apprise this
Court, as to by which time the State Government will release the
necessary fund for payment of petitioner's arrears of salary, the
learned State counsel has submitted that he has not been instructed
in this matter by the respondent Nos. 6-7/the State.
10. Under the aforesaid circumstances, since the claim
of the petitioner has been admitted by the respondent-University,
under which institution, the petitioner had rendered his services
and the payment of arrears of salary for the petitioner remains
Patna High Court CWJC No.14488 of 2022 dt.22-04-2025
unpaid only on account of non-release of the necessary fund for
such payment by the State Authorities, this writ petition is hereby
disposed of with a direction to the respondent Nos. 6-7 to release
Rs. 30,12,108/- to the University Authorities for payment of
petitioner's arrears of salary for the period from August, 2003 to
December, 2015 within a period of four weeks from the date of
receipt of a certified copy of the order.
11. Upon receipt of the necessary fund that may be
released from the State Authorities as directed, the respondent-
University shall pay the same to the petitioner forthwith.
12. The writ petition stands disposed of with the above
directions.
(Nani Tagia, J)
Siddharth
Sagar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.04.2025
Transmission Date NA
