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Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of with a direction to the Managing Director of BSHEPCL to pass a reasoned order on the pending representation within three weeks.

Summary

Petitioners Kamlesh Kumar and Rajnish Singh filed a writ petition seeking mandamus directing the Bihar State Hydro Electric Power Corporation (BSHEPCL) to grant them equal pay for equal work and to pay salary arrears from January to June 2014. They alleged that their representation to BSHEPCL remained pending without a reasoned order. The respondents cited a prior decision in C.W.J.C. No. 7578 of 2022 (Raj Kumar Roy & Ors. Vs. State of Bihar) where the court had granted liberty to approach the Managing Director and ordered disposal within a stipulated time. The court observed that the petitioners' representation was still pending and directed the Managing Director of BSHEPCL to pass a reasoned speaking order within three weeks. Accordingly, the writ petition was disposed of with the said direction, without granting the substantive relief sought.

Issues considered

  • Whether the petitioners are entitled to equal pay for equal work under the principles of administrative law.
  • Whether mandamus can be issued to compel BSHEPCL to pay salary arrears for the period Jan‑June 2014.
  • Whether the pending representation before the Managing Director warrants a direction for a reasoned order rather than direct relief.

Subjects

  • equal pay
  • mandamus
  • salary arrears
  • public authority
  • writ petition
  • administrative law
  • Bihar State Hydro Electric Power Corporation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1687 of 2022
                 ======================================================
           1.     Kamlesh Kumar S/o Baldeo Raut, R/o Vill. - Bahadurpur, P.S. - Chandi,
                  Dist. - Nalanda.
           2.    Rajnish Singh, S/o Devendra Pratap Narayan Singh, R/o Vill. - Amwari, P.S.
                 - Raghunathpur, Dist. - Siwan.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Dept. of Energy, Patna.
           2.    The Principal Secretary, Department of Energy, Govt. of Bihar, Patna.
           3.    The Bihar State Hydro Electric Power Corporation Limited, through its
                 Managing Director, Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna.
           4.    The Managing Director, Bihar Hydro Electric Power Corporation Limited
                 Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna.
           5.    The Manager (Personnel and Administration), Bihar State Hydroelectric
                 Power Corporation Ltd., Son Bhawan, 2nd Floor, Birchand Patel Marg,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Brij Bihari Tiwary, Advocate
                 For the State          :      Mr. Subhash Pd. Singh (GA-3)
                 For the BSHEPCL        :      Mr. Mritunjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   05-01-2026                   Heard learned counsel for the petitioners, learned

                   counsel for the State and learned counsel for the Bihar State

                   Hydro Electric Power Corporation Ltd.

                                 2. The present writ petition has been filed for the

                   following relief/s:-

                                              “1. That the instant application is being
                                              filed for issuance of appropriate writ/
                                              writs, order/orders, direction/directions
                                              to the Respondent Authority for grant of
                                              the following relief to the petitioners:-
Patna High Court CWJC No.1687 of 2022(3) dt.05-01-2026
                                             2/4




                                       (i) In the nature of "Mandamus"
                                       directing         and        commanding             the
                                       Respondent              authorities          namely
                                       Respondent no. 3 i.e. Bihar State
                                       Hydroelectric Power Corporation being
                                       represented          through       its     Managing
                                       Director to grant the petitioners the
                                       equal pay for equal work from the date
                                       of employed/engagement as provided by
                                       the         Corporation       to     the         similar
                                       employees.
                                       (ii) In the nature of "Mandamus"
                                       directing         and        commanding             the
                                       respondent        authorities        to    pay      the
                                       petitioners the arrear of salary for
                                       period of 01.01.2014 to 30.06.2014.
                                       (iii) For issuance of any other relief or
                                       reliefs for which the Petitioners are
                                       entitled       for      in     the       facts      and
                                       circumstances of the instant case.”


                      3. Learned counsel for the petitioners submit that the

          petitioners have filed their representation before the Bihar State

          Hydro Electric Power Corporation Ltd. for fulfillment of their

          grievance which is pending at his level since long and no order

          has been passed till date. Counsel submits that one of the fatal

          document for consideration of the present writ petition is

          Annexure-4.
Patna High Court CWJC No.1687 of 2022(3) dt.05-01-2026
                                             3/4




                      4. Learned counsel appearing for Bihar State Hydro

          Electric Power Corporation Ltd. submits that similarly situated

          employees have earlier moved before this Hon’ble Court with

          the same relief in C.W.J.C. No. 7578 of 2022 (Raj Kumar Roy

          & Ors. Vs. The State of Bihar & Ors.) which was disposed off

          vide order dated 13.02.2024. He submits that the present writ

          petition may be disposed off with the same observation.

                      5. After hearing the parties, it transpires that the order

          has been passed by a Co-ordinate Bench of this Court in

          C.W.J.C. No. 7578 of 2022 vide order dated 13.02.2024 with

          following observations:-

                                       “2. At the outset, the learned counsel for
                                       the petitioners seeks liberty on behalf of
                                       the         petitioners   to   approach       the
                                       Managing Director, Bihar State Hydro
                                       Electric Power Corporation Limited,
                                       Patna, for redressal of their aforesaid
                                       grievances.         Liberty,   so   sought,    is
                                       granted.
                                       3. It is needless to state that in case the
                                       petitioners approach the Managing
                                       Director, Bihar State Hydro Electric
                                       Power Corporation Limited, Patna, by
                                       filing appropriate representation, within
                                       a period of two weeks from today, the
                                       same shall be disposed off by a
             Patna High Court CWJC No.1687 of 2022(3) dt.05-01-2026
                                                         4/4




                                                    reasoned and a speaking order, in
                                                    accordance with law, within a period of
                                                    six weeks, thereafter.
                                                    4. The writ petition stands disposed off
                                                    on the aforesaid terms.”


                                   6. In this view of the matter that the petitioners’

                       representation are still pending before the concerned respondent

                       authority, therefore, the Bihar State Hydro Electric Power

                       Corporation        Limited       through        its   Managing     Director

                       (Respondent no.3) is hereby directed to pass a reasoned and

                       speaking order on the petitioners’ representation which is

                       annexed as Annexure-6 of the writ petition, within three weeks

                       from the date of production of receipt/copy of this order before

                       him.

                                   7. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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