Patna High Court
Dr. Sadanand Jha vs The T.M. Bhagalpur University on 24 July, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9052 of 2022
======================================================
Dr. Manjushree Jha, D/o Late S.N. Choudhary, R/o Maujama Kothi, Adampur
Chowk, S.C.B. Road, P.S.- Adampur (Kotwali), Town and District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The T. M. Bhagalpur University, Bhagalpur through it Registrar.
2. The Vice- Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Pro Vice- Chancellor, T.M. Bhagalpur University, Bhagalpur.
4. The Financial Advisor, T.M. Bhagalpur University, District- Bhagalpur.
5. The Registrar, T.M. Bhagalpur University, Bhagalpur.
6. Finance Officer, T.M. Bhagalpur University, District- Bhagalpur.
7. Dr. Niranjan Prasad Yadav Son of Asesar Prasad Yadav, at present the
Registrar, T.M. Bhagalpur University, Bhagalpur.
8. Mr. Shailesh Chandra Chakravorty S/o Name not known to the petitioner,
Sectional Officer (Pension/ Claim/ Accounts/ Legal), T.M. Bhagalpur
University, Bhagalpur.
9. The State of Bihar through the Principal Secretary, Department of
Education, Govt. of Bihar, Patna.
10. The Deputy Secretary, Department of Education, Govt. of Bihar, Patna.
11. The Director, Higher Education, Dept. of Education, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 18166 of 2021
======================================================
Dr. Sadanand Jha, Son of Late Pandit Kamla Kant Jha, R/o Mohalla
Burhanath (Near Man Mandir), P.S. Adampur (Kotwali) Town and District -
Bhagalpur.
... ... Petitioner/s
Versus
1. The T.M. Bhagalpur University Bhagalpur through its Registrar.
2. The Vice- Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Financial Advisor, T.M. Bhagalpur University, Bhagalpur.
4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
5. The Head, University Department of Commerce, T.M. Bhagalpur University,
Bhagalpur.
6. The State of Bihar, through the Principal Secretary, Education Department ,
Goverment of Bihar, New Secretariat, Patna.
7. The Director, Higher Education Department, Government of Bihar, New
Patna High Court CWJC No.9052 of 2022 dt.24-07-2025
2/6
Secretariat, Patna.
8. The Pay Verification Cell, Education Department, Govt. of Bihar State Text
Book Publishing Corporation Building, Buddh Marg, Patna through its
Authorized Officer.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 9052 of 2022)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate
Mr. Ram Naresh Jha, Advocate
Mr. Bishwash Vijeta, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23
(In Civil Writ Jurisdiction Case No. 18166 of 2021)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate
Mr. Ram Naresh Jha, Advocate
Mr. Bishwash Vijeta, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra, SC- 16
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 24-07-2025
Heard Mr. Purushottam Kumar Jha, learned
Advocate for the petitioners and learned Advocate for the State.
2. Since the issue involved in both the writ petitions
are one and identical based upon similar facts, with the consent
of the parties, these matters are being taken up together and
disposed of by this common order.
3. The petitioners are aggrieved with the
notification no. 120 of 2023 dated 18.01.2023, issued by the
respondent no.3 whereby and whereunder the petitioners along
with other similarly situated teaching and non-teaching
employees of the Fourth Phase Constituent Colleges have been
terminated from the service of the respondent University. The
action of the respondent authorities have been challenged, upon
Patna High Court CWJC No.9052 of 2022 dt.24-07-2025
various grounds, including the impugned order came to be
passed without holding any regular departmental proceeding,
unilaterally that too much after their retirement, which is wholly
unsustainable in law, apart from beyond jurisdiction.
4. The claim of the petitioners is based on parity to
that of Dr. Dilip Kumar Singh, who also being aggrieved with
the notification no. 120 of 2023 dated 18.01.2023 preferred
C.W.J.C. No. 5745 of 2025. A Learned bench of this Court on
being found that termination of the services of the employee
after retirement is contrary to service jurisprudence, set aside the
impugned Notification qua the petitioner of the said case vide
order dated 15.07.2025.
5. The aforesaid fact has not been refuted by the
learned Advocate for the University.
6. It is noteworthy to state here that while
considering identical issue in C.W.J.C. No. 13706 of 2023
(Chandra Kishore Sharma Vs. The State of Bihar & Ors.),
wherein the erstwhile employee of the Water Resources
Department was subjected to the termination and stoppage of
pension, after four years and eight months of his retirement, this
Court set aside the order of termination and pleased to observe
as follows:
Patna High Court CWJC No.9052 of 2022 dt.24-07-2025
"10. xxx xxx xxx
Once an employee is allowed to superannuate
unconditionally and all the retiral benefits and
other dues have been sanctioned and when the
employee is getting regular pension, the tie
between the employer and employee would
automatically severed; in absence of any pending
departmental proceeding. Thus, in the opinion of
this Court, the only remedy which had left with
the State respondent authorities was the
procedure available under the Bihar Pension
Rules, 1950 but the same has not been done. The
termination of the service of an employee after
retirement is unknown to the legal jurisprudence
in absence of any departmental proceeding on
mere show cause notice. Once the relationship of
the employer and employee comes to an end,
there is no question of termination of service of
an employee, that too on the ground that his
initial appointment was bad in law. The
delinquent employee would be deemed to be in
service, although he has reached the age of
superannuation, only if a valid departmental
proceeding had been initiated. The departmental
proceeding can not be said to be initiated merely
on issuance of a show-cause notice. It is initiated
only when a charge-sheet is submitted. It is to be
noted that for termination of service, the
procedure should be in conformity with Article
311 (2) of the Constitution of India even if the
Patna High Court CWJC No.9052 of 2022 dt.24-07-2025
employee is not a civil servant, but a government
servant.
11. Full Bench of this Court in
Shanbhu Sharan vs. State of Bihar & Ors.;
2000(1) PLJR 665 has held that even though the
proceeding initiated in service period of an
employee can be continued post retirement but
the nature of punishment is different and no
penalties as envisaged under the Bihar
Government Servants (Classification Control and
Appeal) Rules, 2005 can be imposed. Law is well
settled, in this regard, no punishment order can
be imposed with retrospective effect nor any
punishment is inflicted on a retired employee as
envisaged under 2005 Rules."
7. The position stands clarified that once an
employee superannuated and the retiral benefits and the pension
have already been accorded, there is complete severance of the
bond of employee and the employer relationship and no cause of
action exists for continuance of the departmental proceeding by
the efflux of time that too without following any procedure.
8. In view of the aforenoted legal position and in
order to maintain uniformity, this Court is hereby set aside the
notification no.120 of 2023 dated 18.01.2023, issued by the
respondent no.3 (Registrar, Tilka Manjhi Bhagalpur University,
Bhagalpur) qua the petitioners.
Patna High Court CWJC No.9052 of 2022 dt.24-07-2025
9. So far the other grievance of the petitioners
prayed for in their respective writ petitions, the petitioners shall
approach before the Registrar, Tilka Manjhi Bhagalpur
University, Bhagalpur by filing a detailed representation with
their due retiral benefits and arrears, which shall be considered
and disposed of by a reasoned and speaking order preferably
within a period of three months from the date of filing of such
representation.
10. With the aforesaid observation and direction,
the writ petitions stand disposed off.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.07.2025
Transmission Date NA
