Sunil Kumar SinghversusThe State of Bihar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No 18251 of 2023
     ======================================================
     Sunil Kumar Singh Son of Late Ramanand Singh, Resident of Village and
     P.O.- Kiranpur, P.S.- Shahkund, District- Bhagalpur.

                                                     ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Additional Chief Secretary, Road
     Construction Department, Bihar, Patna.
2.   The Engineer-in- Chief, Road Construction Department, Bihar, Patna.
3.   The Executive Engineer, Road Construction Department, Road Division,
     Kishanganj.
4.   The District Accounts Officer, Purnia.
5.   The Accountant General, Bihar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr Prashant Sinha, Advocate
     For the S t a t e      :      Mr.Government Pleader (18)
     For the Accountant
     General                :      Mr Binod Kr Labh, Advocate
     ======================================================
     CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

                                ORAL JUDGMENT

      Date : 13-02-2026


                  Heard learned counsel for the parties.

                  2 The present writ petition has been filed for the

     following reliefs:

                       “(i) For issuance of writ in the nature
             of certiorari for quashing of letter contained in
             Memo No 746 dated 29.06.2018 issued by the
             Executive     Engineer,    Road      Construction
             Department, Road Division, Kishanganj
             whereby the fixation of pay under the 6th & 7th
             pay revision has been cancelled without
             assigning any reason.
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                        (ii) For necessary direction upon the
               respondent authorities to grant the benefit of 6th
               & 7th pay revision to the petitioner in terms of
               Memo No 532 dated 05.05.2018 and pay the
               consequential benefits, including arrears of
               salary and consequent revision of retiral benefits
               such as pension, gratuity and leave encashment
               and to pay the differential amount of such retiral
               benefit.

                         (iii) For any other direction which
               Your Lordships may deem fit and proper in the
               facts and circumstances of the case.”

                    3 The learned counsel for the petitioner submits that the

       petitioner was appointed as a Junior Engineer in the Road

       Construction Department on 15.01.1988 and while he was working

       in the office of the Chief Engineer, Rural Engineering

       Organization, Patna, on 12.11.1999, he was taken into custody on

       05.01.2000 in relation to a CBI case relating to bitumen scam.

       Subsequently, he was released from jail on 05.04.2000 and gave

       his joining on 16.04.2000 before the Engineer-in-Chief and his

       suspension was revoked in July, 2000.           On 29.09.2003, the

       petitioner was again placed under suspension under the provisions

       contained in Rule 100 of the Bihar Service Code against which he

       preferred a writ petition bearing CWJC No 542 of 2004 which was

       allowed vide order dated 14.03.2005 with a direction to reinstate

       the petitioner with all consequential benefits and in view of the

       order passed by this Court, the order of suspension was revoked on
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       27.05.2005. The petitioner was granted the benefit of 6th and 7th

       pay revision by the competent authority vide order contained in

       Memo No 532 dated 05.05.2018 issued under the signature of

       Executive Engineer, Road Construction Department, Road

       Division, Kishanganj.             The said benefit was immediately

       withdrawn after a lapse of just one month vide Memo No 746

       dated 29.06.2018 issued under the signature of Executive

       Engineer,      Road      Construction       Department, Road   Division,

       Kishanganj whereby a corrigendum was issued by which the

       benefit of 6th and 7th pay revision granted to the petitioner has been

       cancelled, without assigning any reason. The petitioner kept on

       filing representations, but till the date of his retirement, i e

       31.01.2023, the same was not restored and being aggrieved with

       the same, the petitioner has filed the present writ application.

                    4 A counter affidavit has been filed on behalf of the

       respondent-State wherein it has been stated that the services of the

       petitioner from 01.11.1999 to 17.04.2000 has not been verified and

       there is a break in service. Since the service of the petitioner is not

       continuous, benefit of 6th and 7th pay revision cannot be extended

       and it has rightly been withdrawn by the impugned letter issued

       under Memo No 746 dated 29.06.2018 by the Executive Engineer,

       Road Division, Kishanganj.
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                    5 The learned counsel for the petitioner submits that no

       notice was issued to the petitioner before cancellation of the

       impugned order contained in Memo No 746 dated 29.06.2018 and

       the order impugned has been passed in complete violation of the

       principles of natural justice since without issuance of any notice to

       the petitioner, the benefit of 6th and 7th pay revision, which was

       granted to him, has been withdrawn. The learned counsel for the

       petitioner relies on a judgment dated 15.01.2015 passed by a

       coordinate Bench of this Court in CWJC No 7636 of 2014,

       wherein in Paragraph No 17, it has been held as follows:

                          “17 Yet another serious infirmity
               found by the Court is that the decision contained
               in Annexure 8 series has been passed in gross
               violation of the principles of natural justice
               because the decision so taken by the Pay
               Verification Cell has serious civil consequences
               for these petitioners since they are going to not
               only loose out on the salary they have so earned
               but even the orders of promotion etc which they
               have acquired over a period of time on the basis
               of the date of their initial absorption on their
               respective post and position gets altered.”

                    6 After having heard learned counsel for the parties and

       after going through the documents available on record, it appears

       that before issuance of impugned order contained in Memo No 746

       dated 29.06.2018, no notice was given to the petitioner and

       therefore, the impugned order contained in Memo No 746 dated

       29.06.2018 deserves to be set aside and is, accordingly, set aside.
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                                 7 The respondent-authorities are directed to take

                    corrective measures and restore the benefit of 6th and 7th pay

                    revision which was granted to the petitioner prior to passing of

                    Memo No 746 dated 29.06.2018 and if they desire to cancel the

                    same then the same can be done only after following due process

                    of law, i e after issuance of proper notice to the petitioner and after

                    considering the reply, if any, to be filed by the petitioner. It is

                    further clarified that so far the ground taken in the counter affidavit

                    that the service of the petitioner for the period 01.11.1999 to

                    17.04.2000 has not been verified and there is a break in service,

                    therefore, the benefits of 6th and 7th pay revision has been

                    withdrawn is concerned, the respondent-authorities would look

                    into the matter and take corrective measures, since the same has to

                    be rectified by them only.

                                 8 The writ petition is allowed in the aforementioned

                    terms.

                                                  (Ritesh Kumar, J)
M.E.H./-
AFR/NAFR                     NAFR
CAV DATE                      NA
Uploading Date            17.02.2026
Transmission Date             NA