Patna High Court
Dr. Umesh Jha vs Kameshwar Singh Darbhanga Sanskrit ... on 29 April, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19199 of 2021
======================================================
Dr. Umesh Jha Son of Late Shyam Sundar Jha Resident of Village and Post-
Mahrail P.S.- Rudrapur District- Madhubani at present posted as Reader in
Kirti Narayan Kamakhya Sanskrit Mahavidyalaya, Mahrail District
Madhubani.
... ... Petitioner/s
Versus
1. Kameshwar Singh, Darbhanga Sanskrit University Kameshwar Nagar,
Darbhanga through its Registrar.
2. Vice- Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
3. Registrar, Kameshwar Singh, Darbhanga Sanskrit University, Kameshwar
Nagar, Darbhanga.
4. Governing Body, Kirti Narayan Kamakhya Sanskrit Mahavidyalaya,
Mahrail, District- Madhubani, through its Secretary.
5. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 19150 of 2021
======================================================
Uday Kumar Jha Son of Late Kamala Kant Jha Resident of Village and Post-
Kanhauli, P.S.- Manigachhi, District- Darbhanga at present posted as
Principal, Kirti Narayan Kamakhya Sanskrit Mahavidyalaya, Mahrail,
District- Madhubani.
... ... Petitioner/s
Versus
1. Kameshwar Singh, Darbhanga Sanskrit University Kameshwar Nagar,
Darbhanga through its Registrar.
2. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga.
3. Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar
Nagar, Darbhanga.
4. Governing Body, Kirti Narayan Kamakhya Sanskrit Mahavidyalaya,
Mahrail, District- Madhubani, through its Secretary.
5. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
... ... Respondent/s
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
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======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 19199 of 2021)
For the Petitioner/s : Mr. Durga Nand Jha, Advocate
For the Respondent/s : Mrs. Binita Singh, ( SC 28 )
(In Civil Writ Jurisdiction Case No. 19150 of 2021)
For the Petitioner/s : Mr. Durga Nand Jha, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra, (Sc16)
For the Resp. No.5 : Mr. Amish Kumar, Advocate
Mr. Shankar Kumar Choudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 29-04-2025
Heard Mr. Durga Nand Jha, learned counsel
appearing on behalf of the petitioners; Mrs. Binita Singh,
learned SC 28 along with Mr. Subhash Chandra Mishra, learned
SC 16 for the State and Mr. Amish Kumar, along with Mr.
Shankar Kumar Choudhary, learned counsels appearing on
behalf of the respondent no.5.
2. The issue involved in both the writ applications are
similar and at the request of the respective counsels, both are
being heard together and are being disposed of by a common
order.
3. Petitioner of CWJC No.19199 of 2021 has, inter
alia, prayed for following reliefs in the paragraphs No.1 of the
writ petition:-
"(i) Issuance of a writ in the nature
of Mandamus directing and commanding the
Respondents to allow the pay of petitioner in the
pay-scale payable to reader and thereby to pay
him the arrears of differences w.e.f. 01.04.1993
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
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which is withheld by the Respondents without
any cogent reason.
(ii) Issuance of an appropriate
direction/order to Respondent to fix the pay of
petitioner in the pay scale of Rs. 3000-5000 w.e.f.
01.04.1993
; in the pay scale of Rs. 12000-18300
w.e.f. 01.01.1996 I the pay scale of Rs. 37400-
67000 with Grade pay of Rs. 9000 w.e.f
01.01.2006 and fix the pay at Rs. 1,66,400 on
01.07.2016 and at Rs. 1,98,700 w.e.f. 01.07.2021
and thereby to pay the entire arrears w.e.f.
01.04.1993 i.e. the date on which the petitioner
was allowed promotion on the post of Reader.
(iii) Issuance of an appropriate
declaration and holding that once present to
direction of the Hon'ble Chancellor dated
20.12.1986 and statute-30 the selection
committee had recommended for grant of time
bound promotion to petitioner w.e.f. 01.04.1993
and such recommendation for grant of time
bound promotion to the post of Reader was duly
approved by the university vide office order
contained in Memo no. 12076 dated 08.08.2012
w.e.f. 01.04.1993, there appears no justification
for the authorities of the university not to allow
the pay scale of Reader to petitioner and to with
hold the payment of salary against the post of
Reader w.e.f. 01.04.1993.
(iv) Issuance of an appropriate
declaration and holding that the petitioner is
entitled to salary payable against the post of
Reader on which post the petitioner was duly
promoted as per statute and his promotion was
duly approved after following the procedures and
is working on said post w.e.f. 01.04.1993, with
entire arrears with interest @18% and penal
interest forth with for which university is obliged
to pay.
(v) Any other relief or reliefs be
granted to petitioner to which he is found to be
entitled to."
4. Petitioner of CWJC No.19150 of 2021 has, inter
alia, prayed for following reliefs in the paragraphs No.1 of the
writ petition:-
"(i) Issuance of a writ in the nature
of Mandamus directing and commanding the
Respondents to allow the pay of petitioner in the
pay-scale payable to reader and thereby to pay
him the arrears of differences w.e.f. 01.04.1993
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
which is withheld by the Respondents without
any cogent reason.
(ii) Issuance of an appropriate
direction/order to Respondent to fix the pay of
petitioner in the pay scale of Rs. 3000-5000 w.e.f.
01.04.1993; in the pay scale of Rs. 12000-18300
w.e.f. 01.01.1996 I the pay scale of Rs. 37400-
67000 with Grade pay of Rs. 9000 w.e.f
01.01.2006 and fix the pay at Rs. 1,66,400 on
01.07.2016 and at Rs. 1,98,700 w.e.f. 01.07.2021
and thereby to pay the entire arrears w.e.f.
01.04.1993 i.e. the date on which the petitioner
was allowed promotion on the post of Reader.
(iii) Issuance of an appropriate
declaration and holding that once present to
direction of the Hon'ble Chancellor dated
20.12.1986 and statute-30 the selection
committee had recommended for grant of time
bound promotion to petitioner w.e.f. 01.04.1993
and such recommendation for grant of time
bound promotion to the post of Reader was duly
approved by the university vide office order
contained in Memo no. 12072 dated 08.08.2012
w.e.f. 01.04.1993, there appears no justification
for the authorities of the university not to allow
the pay scale of Reader to petitioner and to with
hold the payment of salary against the post of
Reader w.e.f. 01.04.1993.
(iv) Issuance of an appropriate
declaration and holding that the petitioner is
entitled to salary payable against the post of
Reader on which post the petitioner was duly
promoted as per statute and his promotion was
duly approved after following the procedures and
is working on said post w.e.f. 01.04.1993, with
entire arrears with interest @18% and penal
interest forth with for which university is obliged
to pay.
(v) Any other relief or reliefs be
granted to petitioner to which he is found to be
entitled to."
5. Brief facts of the case of the Petitioner (Dr. Umesh
Jha) of CWJC No.19199 of 2021 are that the petitioner was
initially appointed on the post of lecturer Jyotish subject on
temporary basis for a period of six months by the Governing
Body of the College vide letter no.313/81 dated 31.05.1981 and
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
accordingly, he joined on 04.06.1981 in Kirti Narayan
Kamakhya Sanskrit College, Mahrail. Thereafter, the service of
the petitioner was extended from time to time. In the meantime,
pursuant to the advertisement of the year 1989, issued by the
Bihar College Service Commission, the petitioner applied and
after interview, he was recommended by the Commission for
permanent appointment vide letter no.124 dated 13.07.2002
(Annexure 2 to the writ petition). Thereafter, the matter was
placed in the meeting of Governing Body on 06.12.2002 and it
was resolved that the appointment of the petitioner be made
permanent and same was communicated to the petitioner vide
letter no.32/02 dated 13.12.2002 (Annexure 3 to the writ
petition), pursuant to which, the petitioner submitted his joining
as permanent lecturer on 18.12.2002. The service of the
petitioner was confirmed by the Syndicate vide Programme
No.5 dated 05.12.2009 with effect from 01.04.1983 and the
same was communicated to the petitioner vide Memo
no.8216/10 dated 20.08.2010. Thereafter, the matter of the
petitioner was placed before the promotion committee of the
university and accordingly, the university vide office order
contained in memo no.12076 dated 08.08.2012 (Annexure 6 to
the writ petition) approved the time bound promotion to the
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
petitioner against the post of reader w.e.f. 01.04.1993.
However, after his promotion, the petitioner was not granted
required pay scale, though the petitioner has been representing
the matter before the university since the year 2013, forcing the
petitioner to file the present writ petition.
6. Brief facts of the case of the Petitioner (Uday
Kumar Jha) of CWJC No.19150 of 2021 are that the
petitioner was initially appointed on the post of lecturer Sahitya
subject by the Secretary of the Governing Body of the College
vide letter no.319/81 dated 30.12.1981 and thereafter, he joined
on 06.01.1982 in Kirti Narayan Kamakhya Sanskrit College,
Mahrail. Thereafter, the service of the petitioner was extended from
time to time. In the meantime, pursuant to the advertisement of the
year 1989, issued by the Bihar College Service Commission, the
petitioner applied and after interview, he was recommended by the
Commission for permanent appointment vide letter no.21 dated
08.04.2002 (Annexure 1 to the writ petition). Thereafter, the matter
was placed in the meeting of Governing Body on 19.05.2002 and it
was resolved that the appoinemnt of the petitioner be made
permanent and same was communicated to the petitioner vide letter
no.9/02 dated 20.05.2002, pursuant to which, the petitioner submitted
his joining as permanent lecturer on 20.05.2002. The service of the
petitioner was confirmed by the Syndicate vide Programme No.5
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
dated 05.12.2009 with effect from 01.04.1983 and the same was
communicated to the petitioner vide Memo no.VC0147 dated
26.08.2010. Thereafter, the matter of the petitioner was placed before
the promotion committee of the university and accordingly, the
university vide office order contained in memo no.12072 dated
08.08.2012 approved the time bound promotion to the petitioner
against the post of reader w.e.f. 01.04.1993. However, after his
promotion, the petitioner was not granted required pay scale, though
the petitioner has been representing the matter before the university
since the year 2013, forcing the petitioner to file the present writ
petition.
7. Learned counsel appearing on behalf of petitioner s
submittd that Petitioner of CWJC No.19199 of 2021, namely,
Dr. Umesh Jha and petitioner of CWJC No.19150 of 2021
namely, Uday Kumar Jha were appointed by the Governing
Body in Kirti Narayan Kamakhya Sanskrit College, Mahrail, on
the post of lecturer, for the Jyotish and Sahitya subjects,
respectively. The petitioners are aggrieved for non-payment, of
the required pay scale, after granting the financial up-gradation
accruing to them, from the date of their appointment. In the
letter dated 22.07.2011, addressed by the In-charge Vice
Chancellor to the Secretary/Principal of the College, it has been
admitted that the petitioners are entitled for a time bound
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
promotion and financial up-gradation, accrued, as a result of
completion of their services of 10 years, in light of Section 23 of
the Bihar State Universities Act 1976, as amended in the year
2007 and in a letter issued from the office of the Governing
Body, contained in Memo No.2177 dated 30.06.2008, it has
been informed that in light of the letter dated 15.09.2010, the
directives were given to complete the process by 31.03.2010.
From the information contained in letter dated 22.02.2011, it
appears that the Kameshwar Singh Darbhanga Sanskrit
University granted financial benefit, as a result of time bound
promotion, to altogether six lecturers, including the petitioners,
in different subjects.
8. Considering the aforesaid information, I find that
the petitioners, in the writ petitions, have not pleaded in a very
clear manner, and from the counter affidavit, also it appears that
appointment of the petitioners, by the Governing Body, has not
been questioned. In counter affidavit, proper information has not
been given that, as to when, and in which year, the posts in
subject of Jyotish and Sahitya were sanctioned by the State
Government. By taking the status of the petitioners that they
were appointed as temporary teachers for a maximum period of
six months, in view of the section 35 of the Bihar University
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
Act, they were somehow allowed to continue by the Governing
Body, as well as, by the said University, which is not permissible
under the law. I find that taking resort to the provision of section
35 of the Bihar University Act, in absence of any information in
respect of the total number of posts and the year, in which the
posts were sanctioned, the State cannot be said to have acted in a
fair manner, when it has admitted that the said University
allowed the teachers to work. It has also been made clear that at
no point of time, neither, the status of this college, nor, the status
of the teachers was questioned by the State Government, who
have been allowed to continue from the date of their
appointment, to teach in respective subjects, on the sanctioned
posts and now the State Government is taking divergent view
that the petitioners, who were appointed as permanent teachers
in the year 2002, are not entitled for the posts from the date of
their appointment i.e. 01.04.1993, can only be said to be not
well founded.
9. In the above facts and circumstances of the case,
as well as, the information contained in the writ petitions and the
counter affidavit, I find it proper to direct the Registrar of the
University to call all the service particulars relating to the
petitioners, as well as, the date on which the State Government
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
had accrued to sanction Jyotish and Sahitya subjects, in which
the petitioners are continuing till date and if it is found that the
posts are sanctioned on any later date, after the appointment of
the petitioners, then in that case, the petitioners are entitled for
the required reliefs, from the date of the sanctioned posts. It is
also made clear that the budgetary allocation is earmarked for
each and every post, which are sanctioned by the University and
in that view also, the petitioners become entitled for the reliefs,
as prayed for in the present writ petitions.
10. The petitioners, if so advised, may also co-
operate with the University by filing their individual detailed
representation, along with all the required information, to
support their cases, in respect of their claims, as prayed for in
the present writ petitions.
11. If the claims of the petitioners are accepted by the
Registrar of the University, then in that case, the Registrar must
facilitate at his own level, by pursuing the matter relating to the
petitioners before the Additional Chief Secretary, Education
Department, Government of Bihar, who, in turn, must take steps
to get the amount sanctioned from the Finance Department,
which is required to be paid to the petitioners. The above
exercise is directed to be concluded well within a period of two
Patna High Court CWJC No.19199 of 2021 dt.29-04-2025
months.
12. Accordingly, the present writ petitions stand
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.05.2025
Transmission Date NA
