Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court directed BSHEPCL, through its Managing Director, to pass a reasoned order on the petitioners' representation within three weeks and disposed of the writ petition.
Summary
The petitioners, Abhishek Kumar and Annu Kumari, filed a writ petition seeking mandamus directing the Bihar State Hydro Electric Power Corporation Ltd. (BSHEPCL) to grant them equal pay for equal work and arrears of salary for the period 01.01.2014 to 30.06.2014. Their representation before BSHEPCL remained pending without a reasoned order. The court noted a prior decision in C.W.J.C. No.7578 of 2022 (Raj Kumar Roy & Ors. Vs. State of Bihar) which had granted the petitioners liberty to approach the Managing Director and set a timeline for disposal. Relying on that precedent, the court directed the Managing Director of BSHEPCL to pass a reasoned and speaking order on the pending representation within three weeks. Consequently, the writ petition was disposed of with the said direction.
Issues considered
- Whether the petitioners are entitled to mandamus for equal pay for equal work and salary arrears.
- Whether the court can direct the respondent authority to pass a reasoned order on pending representation.
- Whether the earlier judgment in C.W.J.C. No.7578 of 2022 is applicable to the present petition.
Subjects
- equal pay
- mandamus
- salary arrears
- writ petition
- administrative law
- reasoned order
- Bihar State Hydro Electric Power Corporation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1792 of 2022
======================================================
1. Abhishek Kumar S/o-Indrajit Kumar Singh R/o-Vill-Malaypur, P.S.-
Malaypur, Dist.-Jamui.
2. Annu Kumari W/o-Shashikant R/o-Mohalla Shivpuri, NavChetna Path, P.S.-
Gardanibagh, Dist-Patna (Bihar).
... ... 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 The 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 of Bhawan, 2nd Floor, Birchand Patel Marg,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate
For the State : Mr. Yogendra Pd. Sinha (AAG-7)
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.1792 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-7.
Patna High Court CWJC No.1792 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.1792 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-10 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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