2026 Supreme(Online)(Pat) 5939
PATNA HIGH COURT
Shankar Kamat
CWJC-2017/2026
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2034 of 2026 ======================================================
Shyam Sundar Prasad ... ... Petitioner/s Versus The State of Bihar & Ors.
... ... Respondent/s ======================================================
with Civil Writ Jurisdiction Case No. 1936 of 2026 ======================================================
Sitakant Jha @ Sita Kant Jha ... ... Petitioner/s Versus The State of Bihar & Ors.
... ... Respondent/s ======================================================
with Civil Writ Jurisdiction Case No. 2017 of 2026 ======================================================
Shankar Kamat ... ... Petitioner/s Versus The State of Bihar & Ors.
... ... Respondent/s ======================================================
with Civil Writ Jurisdiction Case No. 2045 of 2026 ======================================================
Indradeo Jha ... ... Petitioner/s Versus The State of Bihar & Ors.
... ... Respondent/s ======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 2034 of 2026) For the Petitioner/s : Mr.Anju Jha, Adv.
For the State : Mr. Sarvesh Kumar, GP24 For the LNMU : Mr. Bindhyachal Rai, Adv.
(In Civil Writ Jurisdiction Case No. 1936 of 2026) For the Petitioner/s : Mr.Anju Jha, Adv.
Mr. Bhavendra Jha, Adv.
For the State : Dr. Md. Raisul Haque, SC10 For the LNMU : Mr. Bindhyachal Rai, Adv.
Ms. Alka Verma, Adv.
(In Civil Writ Jurisdiction Case No. 2017 of 2026) For the Petitioner/s : Mr.Anju Jha, Adv.
For the State : Mr. M. Kumar, AC to GP20 For the University : Mr. Iqbal Asif Niazi, Adv.
(In Civil Writ Jurisdiction Case No. 2045 of 2026) For the Petitioner/s : Mr.Anju Jha, Adv.
For the University : Mr. Iqbal Asif Niazi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER
2 12-02-2026 Heard learned counsel for the parties.
2. Counsel for the petitioners submits that the petitioners were appointed by the Governing Body of the College in the year 1979 and, pursuant to the order passed by a Co-ordinate Bench in CWJC No. 6145 of 1996, the authorities were directed to fill up the said posts in a regular manner within a period of six months but, for no obvious reason, the directions could not be complied.
3. It is the case of the petitioners that owing to such inaction at the level of the authorities of the University, the petitioners were compelled to again knock the door of this Court by filing a writ petition being CWJC No. 3377 of 2002 (Bharat Jha Ors. Vs. The State of Bihar & Ors.). The said writ petition, which was filed by these petitioners as well as other similarly situated persons, got disposed of with a direction to complete the process of appointment on vacant post of Class III and IV in the colleges initiated by the issuance of advertisement in the year 2002 within a period of four months after giving due relaxation of age.
5. It is further the case of the petitioners that pursuant to the order passed by a Co-ordinate Bench of this Court on 09.02.2010 in CWJC No. 3377 of 2002, the authorities of the University came out with an office order as contained in Annexure-P/9 and the petitioners’ services were regularized with effect from the date of issuance of the said order, which is contained in Memo No. 10863-935/12 dated 11.08.2012, and past services were not considered for service benefits as also for post retiral benefits.
6. It is next submitted that after such orders were passed, one of the writ petitioner of CWJC No. 3377 of 2002, who got retired and his pension and pensionary benefits were not settled, had approached this Court by filing a writ petition bearing CWJC No. 591 of 2021 (Subhash Thakur Vs. The State of Bihar & Ors.) in which, after due deliberations of all the attending facts and as also all the judicial pronouncements and the statutory provisions, governing the issues, at hand, the Co- ordinate Bench had passed an order directing the authorities