Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Pat) 1847

PATNA HIGH COURT
AJIT KUMAR, J
Dr. Surendra Prasad Dwivedi – Appellant
Versus
The State of Bihar and Ors – Respondent
Civil Writ Jurisdiction Case No.3653 of 2019 | Civil Writ Jurisdiction Case No. 23716 of 2018 | Civil Writ Jurisdiction Case No. 3825 of 2019 | Civil Writ Jurisdiction Case No. 10239 of 2019 | Civil Writ Jurisdiction Case No. 10722 of 2019 | Civil Writ Jurisdiction Case No. 10787 of 2019 | Civil Writ Jurisdiction Case No. 11469 of 2019 | Civil Writ Jurisdiction Case No. 14595 of 2019

Advocates:
For the Appellants/Petitioners:Mr. Sanjay Kumar, Adv., Mr. Durga Nand Jha, Advocate, Mr. Abhinav Srivastava, Senior Advocate
For the Respondents: Mr. Prabhat Ranjan Singh, AC to AAG 15, Mr. Sarvesh Singh, AAG-13, Mr. Prabhakar Jha, GP27, Mr. Shankar Kr. Thakur, AC to GP27, Smt. Shilpa Singh (GA12), Smt. Binita Singh (SC28), Mr. Madanjeet Kumar (GP20), Mr. Kameshwar Kumar (GP17)

The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of prior governmental approval or budgetary allocations.

Headnote:(A) Bihar State Universities Act, 1976 - Section 57(A)(6) - Constitutional validity of appointments - Eight civil writs address the withholding of salary and confirmation of services of teachers at various colleges affiliated with Kameshwar Singh Darbhanga Sanskrit University. The court considered the validity of the statutorily sanctioned appointments and the employers' duty to pay salaries despite governmental rejection of proposals for funds. The court stressed that salaries cannot be withheld without just cause. (Paras 1, 56, 97)

(B) Employment Law - Retiral benefits - Teachers denied salaries from June 2011 or arbitrarily since October 2017 protested citing unjust scenarios of withheld salaries by the State Government. As per previous rulings, salary payments are established rights according to regularized employment notwithstanding non-approval of posts or qualifications not meeting as per new standards set by amendments known as 'performance-based grants'. (Paras 10, 58, 61)

Facts of the case:
Petitioners are teachers who claim their respective salaries and retirement benefits from various affiliated colleges under Kameshwar Singh Darbhanga Sanskrit University. Their appointments and confirmations were acknowledged over years but faced interruptions due to administration disputes over qualifications and budget allocations by the Government of Bihar.

Findings of Court:
Rulings from earlier cases established that ongoing service in positions conditioned post regularization qualifies for continuous salary payments regardless of any adverse administrative decisions or budget crises faced by the colleges or University.

Issues: Core issues delved into whether the State's non-compliance in funds justified withholding teachers' salaries and the interpretation of educational statutes concerning teacher appointments, qualifications, and entitlements to remuneration.

Ratio Decidendi: The court affirmed the constitutional right to fair pay and stability in educational appointments as integral, and thus prior rules and amendments should not prejudice individuals who already served under established appointments regardless of qualifications later stipulated. Irregular appointments due to various reasons do not invalidate the entitlement to salaries.

Result: All listed Civil Writ petitions were allowed. Orders quashed disallowing salary payments, with directions to facilitate overdue payments to staff while reinforcing their confirmed posts. The State Government directed to address submitted proposals with urgency. (Paras 62, 93)

Table of Content
1. introduction of the case and court's jurisdiction. (Para 1 , 2 , 3)
2. details of relief sought by the petitioner. (Para 4 , 5)
3. petitioner's employment history and entitlement to payment. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. defendants' arguments regarding the petitioner's qualifications. (Para 12 , 13)
5. submissions from the state and university regarding funding. (Para 14 , 15 , 16 , 17)
6. court's observations on representations and interim decisions. (Para 18 , 19 , 20)
7. submissions of representatives and counterarguments. (Para 21 , 22 , 23)
8. judicial determination on law regarding temporary employment. (Para 24 , 25 , 26 , 27 , 28)
9. consideration of statute on regularization of temporary teachers. (Para 29 , 30 , 31 , 32 , 33)
10. summary of arguments supporting relief requested. (Para 34 , 35 , 36 , 37)
11. court's directive on future conduct regarding fund allocation. (Para 38 , 39 , 40)
12. conclusion of the judgment and order to allow petitions. (Para 64 , 90)

CAV JUDGMENT

Date : 19-12-2025

Heard Mr. Abhinav Srivastava, learned Senior Counsel, Mr. Sanjay Kumar, learned counsel for the petitioners and Mr. Sarvesh Singh, AAG-13, learned Senior counsel along with other counsels for the respondents.

2. Through bench slip dated 25.09.2025 filed in CWJC No. 10239 of 2019, submitted before the Hon’ble Bench to list along with CWJC Nos. 10787 of 2019, 10239 of 2019, 10722 of 2019, 14595 of 2019, 23716 of 2018, 11469 of 2019 and 3825 of 2019 the aforesaid case were accordingly, made analogous and for the last several dates, these matters were heard together and finally, in all these matters hearing got concluded on 24.11.2025 and the judgment was reserved, which is being adjudicated in the following manner.

3. Firstly, this Court would be taking up the matters related to affiliated colleges being CWJC No. 3653 of 2019, CWJC No. 3825 of 2019, CWJC No.10787 of 2019, CWJC No. 10239 of 2019 and CWJC No.10722 of 2019 for its adjudication and the relief(s) sought for by filing their respective writ petitions are being referred hereinbelow:-

AFFILIATED COLLEGES Civil Writ Jurisdication Case No. 3653 of 2019

4. The petitioner has preferred this writ application for the following relief(s):-

“(i) Issuance of a writ in the nature of Mandamus directing and commanding the Respondents to pay the Retiral benefits to the petitioner including Full pension on the basis of last pay drawn in 6th Pay Revision Pay Scale, Leave encashment of 300 days, Provident fund, gratuity, arrear salary from June 2011 till the date of retirement, difference of U.G.C. pay and other admissible retiral benefits with adequate amount of interest 18% per annum with suitable amount of compensation and penal interest to which petitioner is entitled to.

(ii) Issuance of a further writ in the nature of Mandamus directing and commanding the Respondents to pay the post retiral benefits to the petitioner in the light of Government decision dated 15.01.2014 as also in the light of Notification contained in Memo no. 5447-5481 dated 22.07.2014 issued under the signature of Registrar by the order of Vice-Chancellor of Kameshwar Singh Darbhanga Sanskrit University (here- in-after to be referred to as the university).

(iii) Issuance of a consequential writ in the nature of certiorari for quashing the orders contained in Memo no. 1726 dated 23.09.2018 issued by the Additional Secretary, Education Department, Government of Bihar, Patna whereby and where under the proposal sent by the university for confirmation of services of 67 teachers (wrongly including petitioner) has been rejected by the Government non est on ground without appreciating that name of petitioner was wrongly included because the petitioner was working on permanent basis on the recommendation of the then college service commission and proposal for confirmation of his service was not at all required.

(iv) Issuance of appropriate direction to Respondents to release the salary of petitioner, which has not been p

Click Here to Read the rest of this document