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Patna High Court

Satinath GangopadhyayversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The application is disposed of as withdrawn.

Summary

The petitioner, Satinath Gangopadhyay, filed a writ petition seeking certiorari to quash two orders dated 20‑12‑2016 issued by a Project Director, who was not his controlling authority, that reduced his pay scale and directed recovery of alleged excess salary. He also sought mandamus for refund of the deductions and a stay of the orders. During the pendency of the application, the petitioner died, and his counsel requested permission to withdraw the petition. The court, without examining the merits of the pay‑revision dispute, accepted the request and disposed of the application as withdrawn. Consequently, no relief was granted and the orders remained unaffected.

Issues considered

  • Whether the writ petition can be withdrawn after the death of the petitioner
  • Whether the court may entertain the petition without a live petitioner

Subjects

  • pay revision
  • writ of certiorari
  • withdrawal of application
  • civil writ jurisdiction
  • salary deduction
  • controlling authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.1837 of 2017
                 ======================================================
                 Satinath Gangopadhyay S/o Late Subodh Gangopadhyay, Resident of Flat No.
                 201, Janpriya Apartment, North Sri Krishnapuri, P.S.- Sri Krishnapuri,
                 District- Patna.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of Science
                 and Technology, Government of Bihar, Patna.
           2.    The Executive Committee of Bihar Council on Science and Technology
                 through its Chairman, Patna, Bihar
           3.    The Development Commissioner, Bihar cum Chairman (Executive
                 Committee of Bihar Council on Science and Technology), Bihar, Patna
           4.    The Principal Secretary, Department of Science and Technology,
                 Government of Bihar cum Vice Chairman (Executive Committee of Bihar
                 Council on Science and Technology), Bihar, Patna
           5.    The Director, Science and Technology, Government of Bihar cum Member
                 Secretary, Bihar Council on Science and Technology, Patna, Bihar
           6.    The Project Director/Incharge, Bihar Remote Sensing Application Center,
                 Department of Science and Technology Department, Government of Bihar,
                 Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Siddhartha Prasad, Advocate
                 For the Respondent/s   :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   05-01-2026                  The petitioner has filed the instant application for the

                   following relief(s):

                                            “a. To issue writ in the nature of certiorari
                               to quash the order dated 20/12/2016 contained in
                               memo no. 635 whereby Project Director who is not a
                               controlling authority of the petitioner has modified the
                               benefits of earlier pay revision which was granted to
                               the petitioner by the controlling authority in pursuance
                               of the decision taken by the Executive Committee of
                               Bihar    Council on Science          and Technology       in
Patna High Court CWJC No.1837 of 2017(4) dt.05-01-2026
                                            2/3




                       accordance with the Fifth and sixth pay revision. By the
                       said order dated 20/12/2016 petitioner's pay scale has
                       been reduced from the pay scale of 5000-8000 to 4500-
                       7000 and pay scale of 9300-34800 to 5200-20200
                       respectively.
                                    b. To issue writ in the nature of certiorari to
                       quash the order dated 20/12/2016 contained in memo
                       no. 634 whereby Project Director who is not a
                       controlling authority of the petitioner gave a direction
                       to recover the excess payment made to the petitioner
                       and the amount quantified to Rs 6,37,305/-. The said
                       "excess payment" has been termed by the Project
                       Director because he reached to the conclusion that
                       earlier pay fixation of petitioner was not done properly
                       (although the earlier pay fixation of petitioner was
                       done by the competent authority but the modification of
                       pay scale of petitioner was done by the Project
                       Director who is not a controlling authority).
                                    c. To issue writ in the nature of mandamus
                       directing the respondents to refund the deductions
                       made from the salary of the petitioner in pursuance of
                       the impugned order.
                                    d. It is further prayed that during the
                       pendency of the instant application orders dated
                       20/12/2016 contained in memo no. 634 and 635 issued
                       by the respondent no.6 be stayed.
                                    e. To pass such other order(s) direction(s)
                       for which petitioner is entitled in the facts and
                       circumstances of the instant case.”
                      2. It is submitted by learned counsel for the petitioner

          that as per oral instructions received, the petitioner has died
            Patna High Court CWJC No.1837 of 2017(4) dt.05-01-2026
                                                        3/3




                      during pendency of the instant application. Inspite of all efforts,

                      no further instruction has been received in the matter. In view of

                      the same, learned counsel for the petitioner seeks permission to

                      withdraw the instant application.

                                  3. As prayed, without going into the merits of the

                      case, the application stands disposed of as withdrawn.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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