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