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Urmila Devi vs The State Of Bihar Through Its Principal ...
2025 Latest Caselaw 2976 Patna

Citation : 2025 Latest Caselaw 2976 Patna
Judgement Date : 25 August, 2025

Patna High Court

Urmila Devi vs The State Of Bihar Through Its Principal ... on 25 August, 2025

Author: Sudhir Singh
Bench: Sudhir Singh, Rajesh Kumar Verma
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.504 of 2023
                                         In
                   Civil Writ Jurisdiction Case No.20830 of 2021
     ======================================================
     Urmila Devi, Wife of Late Awdheshwar Pandey @ Awadheshwar Pandey
     Resident of Village - Bediban Madhuban, Damodarpur, P.S. - Pipra, District-
     East Champaran.

                                                               ... ... Appellant/s
                                       Versus

1.   The State of Bihar through its Principal Secretary, Human Resource
     Development Department, Govt. of Bihar, Patna.
2.   The Kameshwar Singh Darbhanga Sanskrit University, Darbhanga through
     its Registrar.
3.   The Vice -Chancellor of Kameshwar Singh Darbhanga Sanskrit University,
     Darbhanga.
4.   The Registrar of Kameshwar Singh Darbhanga Sanskrit University,
     Darbhanga.
5.   The Principal of Rishikul Bramhacharya Ashram Sanskrit College, Bediban
     Madhuban, P.S. - Pipra, District- East Champaran.
6.   The Principal of Sri Ram Sanskrit College, Vijaypur Gopalganj namely Sri
     Rajendra Prasad Chaudhar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s   :      Mr.Sanjeev Kumar Jha
     For the State         :      Mr.Sarvesh Kr. Singh (AAG13)
                                  Mr. AC to AAG-13
     For the University    :      Mr. Binay Kumar Singh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
             and
             HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

      Date : 25-08-2025

                    The present intra-court appeal is directed against the

      order dated 07.02.2023 passed by a learned Single Judge in

      CWJC No. 20830 of 2021, whereby the writ petition filed by the

      appellant-writ petitioner was disposed of with liberty to file a
 Patna High Court L.P.A No.504 of 2023 dt.25-08-2025
                                             2/4




         fresh representation before the Registrar of the concerned

         University.


                      2. The case of the appellant is that the husband of the

         appellant joined as a Lecturer on a sanctioned post on

         01.02.1981

, under the constituent college of the Kameshwar

Singh Darbhanga Sanskrit University, Darbhangha and since

then, he had been continuously discharging his duties in several

constituent colleges of the University. He also served as

Incharge Principal of the Rishikul Bramcharya Ashram Sanskrit

College Bediban, Madhuban and Sri Ram Sanskrit College

Vijaypur Gopalganj. Prior to his date of retirement i.e.,

30.09.2020, he sought issuance of retirement order from the

Registrar (Respondent No. 4) on 23.09.2020 in terms of the

UGC guidelines, and also requested for guidelines regarding

handing over the charge of Incharge Principal of the concerned

college. Thereafter, vide Office Order contained in Letter No.

711/2021 dated 13.04.2021, which was after the date of

retirement, the Registrar (Respondent No. 4) retired him from

service w.e.f. 30.09.2020, upon completion of 65 years of age.

The husband of the appellant claimed difference of arrears dues

on account of 7th Pay Commission w.e.f. 01.01.2016 to

31.03.2019 as well as issuance of a no dues certificate, which Patna High Court L.P.A No.504 of 2023 dt.25-08-2025

was not issued to him earlier. In the meantime, the husband of

the appellant died on 31.07.2021. The appellant was granted

only 90% of the family pension. She requested the Respondent

No. 4 to pay the retiral dues of her husband along with the

differential amounts arising out of the 7th Pay Revision, but till

date no such amount has been paid to her.

3. The writ petition filed by the appellant-petitioner

was disposed of by the order impugned, with a direction to the

Registrar of the University to pass a speaking and reasoned

order on the representation of the appellant-petitioner regarding

admissibility or non-admissibility of her grievance, within a

period of six weeks.

4. The learned counsel for the appellant submits that,

the appellant could not file representation before the Registrar

because he had already filed a rejoinder application before the

Hon'ble Writ Court, stating that the Registrar had filed false

affidavit regarding payment of dues before the court despite

having received the direction of the Writ Court to make the

entire payment of the appellant with regard to retiral dues.

5. In light of the submissions made by the parties, the

order dated 07.02.2023 stands modified with the liberty which Patna High Court L.P.A No.504 of 2023 dt.25-08-2025

was granted to him by the learned Single Judge. Instead of

making representation to the Registrar of the University, the

appellant will be at liberty to make a representation before the

Vice Chancellor, who shall consider the same and pass an

appropriate order within a period of eight weeks from the date

of filing of the said representation.

6. Accordingly, the present intra-court appeal stands

disposed of.

(Sudhir Singh, J)

(Rajesh Kumar Verma, J) Sujit/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          29.08.2025
Transmission Date
 

 
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