Patna High Court
Dr. Gyan Prabha Verma vs The State Of Bihar on 10 July, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25759 of 2019
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Dr. Gyan Prabha Verma, W/o Late Nand Kishore Prasad, Resident of - New
Bangali Tola, Devi Asthan Gali No. 1, Mithapur Bus Stand Road, P.S.
Jakkanpur, P.O.- G.P.O., Patna, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar.
3. The Special Secretary, Department of Education, Govt. of Bihar, Patna.
4. The Director, Higher Education, Govt. of Bihar, Patna.
5. The Patliputra University, Patna through its Registrar, Patliputra University,
Patna.
6. The Vice-Chancellor, Patliputra University, Patna.
7. The Magadh University, Bodh-Gaya through its Registrar, Magadh
University, Bodh-Gaya, District- Gaya.
8. The Vice Chancellor, Magadh University, Bodh-Gaya, District- Gaya.
9. The Finance Officer, Patliputra University, Patna.
10. The Finance Officer, Magadh University, Bodh- Gaya, District- Gaya.
11. The Principal, R.K.D. College, Lohiya Nagar, P.S.- Kankarbagh, District-
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs. Shally Kumari, Adv.
For the Respondent/s : Mr. Madanjeet Kumar, GP-20
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 10-07-2025
Heard the parties.
2. The petitioner on being aggrieved with the action of
the respondents in not extending the legitimate admissible retiral
benefits, including pension, gratuity, leave encashment,
provident fund, commutation of pension and group insurance
along with dues salary for the period 18.09.2009 to 31.10.2013
Patna High Court CWJC No.25759 of 2019 dt.10-07-2025
2/5
with statutory interest approached this Court seeking a direction
for payment of the same.
3. On last occasion, when the matter was taken up on
07.07.2021
, this Court having considered the pendency of the
Contempt (C) No. 1188 of 2018, arising out of Civil Appeal No.
2703 of 2017, directed to list this case after disposal of the
aforenoted contempt. The contempt petition came to be disposed
off on 08.01.2025. It would be pertinent to note the terms of the
direction as expressed by the Apex Court, mentioned in
paragraph no. 7, which would be relevant herein:-
"7. As per above discussions, in our view, it
would be appropriate to direct the authorities to
adjudicate all the said issues through Registrar/Vice
Chancellor in view of the judgment of State of Bihar &
others vs Bihar Rajya M.S.E.S.K.K.M & others (2005)
9 SCC 129 and accordingly, we dispose of this petition
with the following directions:
(i) The petitioner shall submit his
claim along with relevant documents setting
up his actual working in college in terms of
the orders of absorption claiming salary, and
also for pension from the date of absorption
upto February 28, 2025before the
Registrar/Vice Chancellor of the University.
(ii) On receiving the claim of
salary, a discrete enquiry be held affording
due opportunity to the employee, college
concerned and the representative of the State
if required, and a reasoned order be passed
regarding payment of salary and arrears, if
any, within a period of three months
thereafter.
(iii) The claim regarding pension
of petitioner which has been withheld,be
decided counting the period of service, w.e.f.
Patna High Court CWJC No.25759 of 2019 dt.10-07-2025
date of absorption notionally uninfluenced by
the orders dated 11.07.2019, 07.08.2019 and
12.02.2021 passed in this Contempt Petition.
However, if there is prolonged period of
absence, the same shall be dealt with by the
competent authority in accordance with the
relevant rules.
(iv) After adjudicating the issue
of pension and arrears the same be paid
adjusting the amount already paid as
expeditiously as possible not later than two
months from the date of such order.
(v) Upon adjudication, if it is
found that any excess amount has been paid
either under the head of salary or pension, it
be quantified and the university/college/state
as the case may be, shall be at liberty to take
recourse to recover the same following the
procedure as permissible.
(vi) We make it clear that if the
employees have submitted the joint claim of
arrears of salary and pension, in that event
the issue of arrears of salary be governed by
direction No. (ii) and pension be governed by
direction (iii).
(vii) In case, the parties feel
dissatisfied by the orders of the
Registrar/Vice Chancellor of the University,
they shall be at liberty to take recourse as
permissible before the High Court."
4. In pursuant to the aforenoted direction, the
petitioner submitted her application before all the concerned,
including the Vice-Chancellor, the Registrar, Magadh University
and other authorities, the copies of which have also been
brought on record vide Annexure-15 to the supplementary
affiavit. The Registrar, Magadh University, Bodh Gaya, in the
meanwhile also issued notification contained in Memo No. 25
Patna High Court CWJC No.25759 of 2019 dt.10-07-2025
dated 25.02.2025 to the effect of approval and confirming the
services of the petitioner and others as per the recommendation
of Hon'ble (Retd.) Justice S. B. Sinha Commission with effect
from their date of absorption. The services of the petitioner
stood confirmed with effect from 09.12.1977.
5. The Registrar, Magadh University also vide Letter
No. 23 dated 15.02.2025 directed all the Principal of constituent
college of Magadh University, Bodh-Gaya and Patliputra
University, Patna to submit the details of teaching and non-
teaching employees, whose services have been absorbed in
terms of Justice S. B. Sinha Commission, for payment of salary
as well as pension benefits. The Principal, R.K.D. College,
Lohiyanagar, Patna has forwarded the pension papers, service
book and documents related to other pensionary benefits of the
petitioner long back in the year 2021. However, till date, the
University has not come out with any decision with regard to
payment of the pensionary benefits and the salary for the period,
aforenoted.
6. In view of the aforenoted facts, this Court deems it
appropriate to direct the Registrar, Magadh University to
consider the application of the petitioner as contained in
Annexure-15 to the writ petition in terms with the direction of
Patna High Court CWJC No.25759 of 2019 dt.10-07-2025
the Apex Court and bring to its logical conclusion, within a
reasonable period of time but not more than three months.
7. Needless to observe that in case the claim of the
petitioner finds favour, necessary payment shall be made within
the period stipulated.
8. This disposes the writ petition.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.07.2025
Transmission Date NA
