IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9179 of 2026 ====================================================== Nand Kishore Mehra S/o Late Shanta Prasad Mehra, R/o- Mehra, R/o Mehra Bhawan, Ward No. 27, Behind Bank of Baroda, P.S.- Benta, P.O.- Lalbag, Ganga Sagar, Donar, Town and District- Darbhanga- 846004. ... ... Petitioner/s Versus 1. The L.N.Mithila University Darbhanga, through its Registrar. 2. The Vice- Chancellor, L.N. Mithila University, Darbhanga. 3. The Registrar, L.N. Mithila University, Darbhanga. 4. The Finance Officer, L.N. Mithila University, Darbhanga. 5. The Principal, Millat College, Darbhanga. 6. The State of Bihar, through the Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna. 7. The Director, Higher Education, Education Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Purushotam Kr. Jha, Advocate For the STate : Mr.Government Advocate (08) For the University : Dr. Koushlendra Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 28-07-2026 Heard learned counsel appearing on behalf of the petitioner; learned counsel for the State and learned counsel for the University. 2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- “(i) Issuance of an Order, Direction or a Writ in the nature of Mandamus commanding the Respondents concerned to ensure the payment of petitioner's following Pre and Post Retirement Claims (Arrears of Pension, Arrears of Gratuity, Arrears of Earned Leave Salary claim, Group Insurance Claim & Arrears of salary claim) and said claims may be paid to the Patna High Court CWJC No.9179 of 2026(2) dt.28-07-2026 2/4 petitioner after supplying the details of calculation of the same by the Respondent University to the petitioner in advance- Sl Head Amount 1. Petitioner's monthly pension required to be fixed @ Rs. 50,850.00 per month w.e.f. 01.02.2024 Amount not known to the petitioner 2. Balance Gratuity claim along with statutory interest @ 5% (a) Claim of Gratuity - Rs. 20,00,000.00 (b) Amount of Gratuity paid in June 2025 - Rs. 15,00,00.00 Balance payable amount - Rs. 5,00,000.00 Rs.5,00,000.00 + (Statutory Interest @5% per annum) 3. Balance Earned Leave Salary Claim for 300 days (a) Claim of E.L. Salary - Rs. 14,44,140.00 (b) Amount of E.L.Salary paid in June 2025 - Rs.10.48,873.00 Balance payable amount – Rs. 3,95,267.00 Rs. 3,95,267.00 4. Group Insurance Claim Amount not known to the petitioner 5. Arrears of salary Claim (a) From March' 1989 to March'2017 Rs. 10,72,244.00 (b) From April 2017 to Jan'2024 .... Rs. 03,44,185.00 TOTAL - Rs. 14,16,429.00 Rs. 14,16,429.00 6. Interest @ 18% per annum, over the said claims upon taking into account the order dated 31.01.2000 in Civil Appeal No. 689 of 2000 (Vijaya L.Mehrotra Vs State of U.P. & Others) Amount not known to the petitioner (ii) For issuance of an order, direction or a writ in the nature of Certiorari quashing that part of Letter No. C/PO / 11630 / 24 dated 07.06.2024 (Ann - P/15 to this writ petition), whereby the Registrar of the Respondent University has held as follows- **minku ds en esa dqy j 20]00]000@&¼chl yk[k½ #0 ek=] rFkk dqy 300 fnuksa dh vuqi;ksfxr vftZr vodk”k uxnhdj.k dh jkf”k j 13]23]910@& ek= gksrk gSA ftldk Hkqxrku 7th Pay esa PVC ls izkIr osru foUnq ds i”pkr Hkqxrku dh izfØ;k dh tk,xhA** (iii)To hold and declare that the action of the Registrar of the Respondent University in withholding the payment of Patna High Court CWJC No.9179 of 2026(2) dt.28-07-2026 3/4 petitioner's said Gratuity & E.L.Salary Claim, for want of determination of petitioner's pay point by the Pay Verification Cell of the Education Department. Govt. of Bihar. Patna is in the teeth of order dated 27.11.2024 passed in CWJC No. 992 of 2020 (Annexure - P/16 to this writ petition), whereby this Hon'ble Court has been pleased to hold and declare as follows :- "Pay Verification Cell of the State does not have any role with regard to the fixation of the pay of non- teaching staff of the universities and constituent colleges." (iv) For grant of any other relief or reliefs) to which the petitioner may be found entitled to in the facts and circumstances of this case.” 3. Considering the relief as prayed for the present writ petition and the fact that the aforesaid retiral dues under different heads has not been paid to the petitioner, who had retired on 31.01.2024 till date, I direct the Vice-Chancellor and the Registrar of the University to ensure payment of all admissible dues to the petitioner by taking immediate action within a period of three weeks. The Registrar must ensure to call for all the service particulars of the petitioner from his office- in-charge, who is responsible for placing the file before him forthwith. The Registrar must take the action and see that entire admissible dues is made well within a period of three weeks. In case of non-payment of retiral dues along with the interest on account of delay in payment, the Vice-Chancellor of the University will have to face the consequences. 4. In case of failure on part of the Registrar of the University or any of the officials of the University, the petitioner is at liberty to take action against them in accordance with law. Patna High Court CWJC No.9179 of 2026(2) dt.28-07-2026 4/4 5. The petitioner, if so advised, may also participate and place his grievance before the Registrar or the Vice- Chancellor of the University. 6. The Writ petition is disposed of with aforesaid observation and direction. Sanjay/- (Purnendu Singh, J) U