Patna High Court
Awadh Bihari Pandey vs The State Of Bihar And Ors on 25 August, 2025
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.254 of 2019
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Awadh Bihari Pandey S/o Late Shiv Dhawaja Pandey, Resident of Village-
Diyan, P.O.- Ramgarh, P.S.- Mohanea, District- Kaimur.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Veer Kunwar Singh University through the Vice Chancellor, Ara.
3. The Vice Chancellor, Veer Kunwar Singh University, Ara.
4. The Registrar, Veer Kunwar Singh University, Ara.
5. The Finance Officer, Veer Kunwar Singh University, Ara.
6. The Principal, G.B. College, Ramgarh, Mohania, Kaimur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bijay Kumar Pandey, Advocate
For the State : Mr. Prabhakar Jha, GP-27
For the University : Mr. Rajesh Pd. Chaudhary, Advocate
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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL JUDGMENT
Date : 25-08-2025
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the University.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondents to modify the
notification dated 22.09.2018 issued by the
Registrar, Veer Kunwar Singh University,
contained in Memo No.460/Fx/ab/18 so far
petitioner is concerned to the extent of the service
on the post of "Sorter" w.e.f. 05.02.1986 instead of
01.08.2009
in G.B. College, Ramgarh and provide
all consequential benefits of his service w.e.f.
Patna High Court CWJC No.254 of 2019 dt.25-08-2025
05.02.1986.
(ii) To direct the respondents to make arrear of
salary w.e.f. 31.01.1987 to January, 1990.
(iii) And further for the period of 01.08.2009 to
July, 2018, which has not been paid to the
petitioner because the matter was pending before
the Hon'ble Apex Court and before Hon'ble Mr.
Justice S.B. Sinha (Rtd.) Commission, New Delhi.
The Hon'ble Commission in I.A. No.221 of 2016 in
Claim Petition No.899 of 2013 on 06.07.2016
directed that the University may consider the
petitioner's case in the category of Sorter upon
which post he has actually been working and
adjust him.
3. It is the case of the petitioner that petitioner was
appointed vide memo no.321/1985, dated 30.09.1985 as
Assistant by the Secretary, Gram Bharti College, Ramgarh
(hereinafter referred as 'G.B. College') and pursuant to that he
joined in the G.B. College on 01.10.1985. It is submitted that
the copy of the appointment letter is appended and marked as
Annexure-1 to this writ application. It is further submitted that
G.B. College on finding the post of Sorter being vacant,
adjusted the petitioner on the said post. It is next submitted that
the petitioner started to work as Sorter w.e.f. 05.02.1986, which
would be apparent from letter dated 28.03.1988, as contained in
Patna High Court CWJC No.254 of 2019 dt.25-08-2025
letter no.74A/88, issued by the principal of the said College. It is
the case of the petitioner that the State Government after
receiving the name of non-teaching staff of the G.B. College on
12.02.1990 vide letter no.25(c), issued by Additional Secretary,
Human Resources Department, confirmed the recommendation
made by the University in which the name of the petitioner is
also mentioned. In order to buttress his claim, the extract of
service book and other office orders issued by the State
Government, University as well as the College has been
appended with this writ application. It is the case that in view of
dispute having bee raised by the University with regard to his
appointment having not been made against a sanctioned post,
the matter travelled up to Hon'ble Apex Court and a Commission
headed by Hon'ble Mr. Justice S.B. Sinha (Rtd.) was constituted
and the said Commission after hearing the case of the petitioner
filed I.A. No.221 of 2016 in Claim Petition No.899/2023, the
case of the petitioner was considered and the Hon'ble Mr.
Justice S.B. Sinha directed the authorities on the suggestions
having been given by the counsel appearing on behalf of the
University that claimant may be directed to submit a fresh
representation and University would be apprised to deal such
representation afresh and in the event, if petitioner is found to be
Patna High Court CWJC No.254 of 2019 dt.25-08-2025
working on the post of Sorter and the vacancy being available,
the University may pass appropriate orders. While remanding
this matter, the said Commission by recording the suggestion of
the learned counsel for the University having been found to be
very fair and reasonable, the modification in the said order was
allowed and the University was directed to consider the claim of
the claimants by passing appropriate orders, adjusting him
against the sanctioned post, if he has actually been found
working, subject to usual conditions, which the University
would been in a position to impose in terms of the policies
framed in this background.
4. Learned counsel for the petitioner has submitted
that on consideration, the Veer Kunwar Singh University, Ara
has come out with a notification which is impugned in the writ
application and the date which has been mentioned for the
purpose of absorption is 01.08.2009 in place of date which as
per the materials available on record as per the petitioner should
have been 05.02.1986 but without providing any opportunity of
hearing the date 01.08.2009 has been made applicable in the
case of the petitioner, whereas the fact is that the Annexure-3
which is issued by the Principal, addressed to the Registrar of
the Magadh University, Bodh Gaya, during which the said
Patna High Court CWJC No.254 of 2019 dt.25-08-2025
College used to be a constituent unit of the said University is
ignored. As categorically mentioned in its said letter that there
are three posts of Sorter available under said college and this
petitioner has been adjusted as against the said sanctioned post
w.e.f. 05.02.1986 and on this strength the petitioner submits that
his case has not been properly considered and the authorities
may be directed to consider it in accordance with law by
providing all opportunity of hearing and the documents which
has not been disputed by filing counter affidavit must be
considered in its true perspective, so that the rights should have
flown in favour of the petitioner who has retired on 28.02.2022.
5. On the contrary, learned counsel for the State has
stated that this matter at present concerns with the University
and University has to take a final call in the matter and the role
of the State will only come after the attention of State is invited
by the University referring to the specific issues, where they
actually required to be addressed by the State.
6. Learned counsel for the University has opposed
the prayer and has stated that the Hon'ble S.B. Sinha
Commission had not remanded the matter by fixing any date
from which the absorption could have been directed in favour of
this petitioner. Though, the documents which have been
Patna High Court CWJC No.254 of 2019 dt.25-08-2025
appended with this writ application has not been disputed as the
authenticity of such documents are required to be addressed by
the persons who are at the helps of affairs.
7. Under the circumstances of the aforesaid, this
Court finds that the documents which have been appended by
the learned counsel for the petitioner is undisputed and that
needs to be considered by the authorities and apparently such
consideration is not forthcoming for the order impugned so that
inference can be drawn from such order that these materials
were before the University at the time of consideration and same
has not been considered.
8. It is in this background this matter is remanded
to the University for giving a proper hearing to this petitioner
and necessary documents may be called from this petitioner, so
that final reasoned order can be passed and if it is found that
date which is being shown as a vacant post of Sorter may be
applied in favour of the petitioner, in such event, the date of
absorption may be shifted, from the one which is mentioned in
the impugned order, to any such date, which is legally
applicable in law.
9. Accordingly, this application is disposed of for
carrying out the exercises as indicated above without any
Patna High Court CWJC No.254 of 2019 dt.25-08-2025
inordinate delay and in any case such exercise must be
completed in any case within a period of three months from
today so that all stake holders in this case may be called for
question and after inviting appropriate responses from their side,
the matter can be adjudicated in accordance with law.
(Ajit Kumar, J)
shikha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.08.2025
Transmission Date NA
