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Patna High Court
Pradip Kumar Mishra vs The State Of Bihar on 20 January, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10037 of 2025
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1. Pradip Kumar Mishra, son of Sri Ganesh Mishra, Resident of Ward No. 13,
Pastan Navtoli, Pastan, District -Madhubani, Pin Code-847401, presently
working as Assistant Professor of Dr. Jagannath Mishra Sanskrit College,
Pastan Navtoli, Andharathadhi, Madhubani.
2. Ratish Kumar Jha, C/o Sri Bhairav Jha, resident of 98, Room No. 25,
Katwaria Sarai, Hauz Khas, South Delhi, District- Delhi, Pin Code-110016.
presently residing at Village and Post-Barsam, P.S.-Rudrapur, District
-Madhubani, presently working as Assistant Professor of Dr. Jagamath
Mishra Sanskrit College, Pastan Navtoli, Andharathadhi, PETITIONERS.
Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Vikash Bhawan
New Secretariat, Bihar, Patna.
3. The Secretary, Higher Education, Education Department, Vikash Bhawan
New Secretariat, Government of Bihar, Patna.
4. The Deputy Secretary, Higher Education, Education Department, Vikash
Bhawan New Secretariat, Government of Bihar, Patna.
5. The Special Secretary, Higher Education, Education Department, Vikash
Bhawan New Secretariat, Government of Bihar, Patna.
6. The Director, Higher Education, Education Department, Vikash Bhawan
New Secretariat, Government of Bihar, Patna.
7. The In-charge, Pay Verification Cell, Education Department, Government of
Bihar, Patna.
8. The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar,
Darbhanga through its Registrar.
9. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit
Kameshwarnagar, Darbhanga. University
10. The Registrar, Kameshwar Singh Darbhanga Sanskrit University
Kameshwarnagar, Darbhanga.
11. The Finance Officer, Kameshwar Singh Darbhanga Sanskrit
Kameshwarnagar, Darbhanga. University
12. The Secretary, Dr. Jagarnath Mishar Sanskrit College, Pastan Navtoli,
Andharathadhi, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushalesh Choudhary, Advocate
For the Respondent/s : Mr. Standing Counsel (26)
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 20-01-2026
Heard the parties.
2. The petitioners before this Court are the Assistant
Professor of Dr. Jagarnath Mishra Sanskrit College, Pastan
Navtoli, Andharathadi, Madhubani, a duly affiliated College
under Kameshwar Singh Darbhanga Sanskrit University,
Kameshwar Nagar, Darbhanga; who have approached this Court
for the following reliefs:
(i) For issuance of an appropriate
writ in the nature of CERTIORARI,
commanding the concerned respondents for
payment of salary to both the petitioners from
their date of joining, as petitioner no.1 was
appointed on 22.12.2021 to the post of Assistant
Professor, in the subject of Sahitya of Dr.
Jagannath Mishra Sanskrit College, Pastan
Navtoli, Andharathadhi, Madhubani, vide Letter
No.G.B.-53/21 dated 22.12.2023, issued by the
Secretary of the aforesaid College and the
petitioner no.2 was appointed as Assistant
Professor in the subject of Jyotish of Dr.
Jagamath Mishra Sanskrit College, Pastan
Navtoli, Andharathadhi, Madhubani, vide Letter
No.G.B.-31/22 dated 07.02.2022, issued by the
Secretary of the aforesaid College, though both
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
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the petitioners have been performing their duty,
regularly, since the date of their appointment, but
their salary has not been paid by the University,
though the fund for payment of salary to the
teaching and non-teaching employees of the
Colleges and University has already been
released by the Government of Bihar, every year,
to the Kameshwar Singh Darbhanga Sanskrit
University, Kameshwar Nagar Darbhanga.
(ii) For issuance of appropriate
direction to the respondents 1st set commanding
them to issue direction to respondents 2nd set for
payment of salary to both the petitioners from
the date of their initial appointment, till date.
(iii) For grant of other relief /
reliefs, to which the petitioners may found
entitled, on the facts and circumstances of the
case.
3. Learned Advocate for the petitioners briefly
stated that the College, in question, is a deficit grant affiliated
College under Kameshwar Singh Darbhanga Sanskrit
University, Kameshwar Nagar Darbhanga (hereinafter referred
to as 'the University') and the teaching and non-teaching
employees are covered with the Triple Benefit Scheme and the
employees of such type of Colleges are eligible for pay scale
and post retirement benefits, equivalent to the employees of the
constituent Colleges as well as employees of the University.
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
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4. The aforesaid issue has also been considered and
set at rest by a Bench of this Court in C.W.J.C. No. 8726 of
2017, which has been duly affirmed up to the Apex Court in
SLP (C) No. 23489 of 2019; Based upon which the Registrar of
the University has also issued Notification No.950 dated
26.06.2021.
5
. Notwithstanding the aforesaid fact, when the
identically situated persons have not been allowed the salary
and other benefits, despite the appropriate fund having been
released by the State Government, they have approached this
Court in C.W.J.C. No. 6011 of 2025. The learned Single Judge
having considered the materials available on record has been
pleased to hold as follows:
"6. Learned counsel appearing on
behalf of the University informs that after
verification, as to whether, the amount which has
been released is earmarked in respect of payment
of salary of the petitioner and if it is found that
the allotted fund also includes for required
payment of salary etc. of the petitioner, the same
will be paid to the petitioner forthwith.
7. It is expected from the Registrar
of the University that he must not delay for any
reason or for his any personal intent. He must
release after verifying from the information
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
relating to the petitioner and the information
which has been brought on record in the present
writ petition.
8. In view of the information given
by the learned State counsel that the fund has
already been released, the payment must be made
to the petitioner forthwith, not beyond a period of
one week."
6. It is further contended that identically situated
persons have further approached this Court and their cases have
also been disposed of in identical terms. Two of the orders
passed by the coordinate Bench as well as this Court in
C.W.J.C. No.6230 of 2025 and further in C.W.J.C. No. 14418 of
2025 have also been placed on record.
7. Referring to the afore noted orders passed by a
coordinate Bench of this Court, learned Advocate for the
petitioners thus contended that the cases of the petitioners are
entirely covered with the aforesaid decisions and the Registrar
of the University is also obliged to take a final decision in the
matter of the claim of the petitioners, since necessary grants
have already been released by the State Government.
Irrespective of the aforesaid facts and the petitioners have been
performing their duty regularly since the very date of
appointment, but they are being deprived from their due their
Patna High Court CWJC No.10037 of 2025 dt.20-01-2026
salary.
8. On the other hand, learned Advocate for the
University has submitted that for proper adjudication of the
matter, a short adjournment is required so that he may file a
counter affidavit.
9. Having considered the limited grievance of the
petitioners with respect to due payment of salary and other
allowances for the period, they have been discharging their
duty, it would be apt and proper to dispose of the present writ
petition in the light of the above referred decisions with a
direction to the Registrar of the University to consider the claim
of the petitioners as prayed for and pass appropriate order, in
accordance with law, preferably within a period of twelve weeks
from the date of receipt/production of a copy of this order.
10. In case, the claim of the petitioner finds favour,
consequential monetary benefit be also accrued to them within
the stipulated period.
11. The writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.01.2026
Transmission Date NA.
