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Patna High Court

Mahesh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, with the petitioner directed to file a representation for the dearness allowance claim and the corporation ordered to adjudicate it within a stipulated period.

Summary

Mahesh Prasad, a retired employee of the Bihar State Hydro Electric Power Corporation, filed a writ petition seeking payment of leave encashment, arrears of increments, dearness allowance, house rent, and interest. The court observed that all reliefs except the dearness allowance claim had already been adjudicated in his favour. Consequently, the petition was limited to the outstanding dearness allowance issue. The court directed the petitioner to submit a detailed representation with supporting documents to the corporation within four weeks, and the Managing Director to decide the dearness allowance dispute within eight weeks, communicating the order thereafter. The petitioner was also permitted to file a separate application for interest on delayed payments. The writ application was consequently disposed of.

Issues considered

  • Whether the writ petition for payment of leave encashment, arrears of increments, house rent, and interest can be entertained when those benefits have already been adjudicated.
  • Whether the petitioner is entitled to dearness allowance as an ad hoc appointee and the procedure for redressal.

Subjects

  • writ petition
  • leave encashment
  • arrears of increments
  • dearness allowance
  • house rent
  • interest
  • service employee
  • Bihar State Hydro Electric Power Corporation
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.19203 of 2024
                 ======================================================
                 Mahesh Prasad s/o - Late Sakaldeep Singh, R/o vill. Parsa Bazar, P.S - Parsa
                 Bazar, Dist. - Patna.

                                                                              ... ... 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. Sone Bhawan, 2nd Floor, Birchand Patel Marg,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Brij Bihari Tiwary, Advocate
                 For the Respondent/s   :       Standing Counsel (11)
                                                Mr. Mrityunjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   08-01-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The instant writ application has been filed for the

                   following reliefs:-

                                             (i) For directing the respondent
                                  authorities to pay the petitioner the payment of
                                  leave encashment.
                                             (ii) For commanding the respondents
                                  authorities to make payment of arrears of
                                  increments and Dearness allowance of the
                                  petitioner since 2015.
                                             (iii) For commanding the respondent
                                  authorities to pay the petitioner house rent since
                                  January 2021 to February, 2024.
Patna High Court CWJC No.19203 of 2024(4) dt.08-01-2026
                                           2/3




                                     (iv) For commanding the respondent
                          authorities to pay the petitioner all his dues along
                          with interest @ 18% per annum as same has not
                          been paid till date to the petitioner despite
                          petitioner retired on 29.02.2024.
                                     (v) For any other relief for which the
                          petitioner is entitled for.


                      3. Learned counsel for the petitioner does not dispute

          the fact that the reliefs so sought have already been adjudicated

          and that the benefits for which the writ application was filed

          have already been extended in favour of the petitioner. The only

          surviving grievance relates to the claim of Dearness Allowance,

          for which the petitioner may be permitted to file a representation

          before respondent no. 3.

                      4. In view of the above, the petitioner is directed to

          file a detailed representation along with all supporting

          documents for redressal of his grievance before respondent no. 3

          within a period of four weeks from today.

                      5. It is made clear that the dispute with respect to

          grant of Dearness Allowance, by treating the petitioner as an ad

          hoc appointee, shall be addressed by the Managing Director of

          the Corporation / respondent no. 4 within a period of eight

          weeks from the date of receipt of such representation. The order

          so passed shall be communicated to the petitioner within the
           Patna High Court CWJC No.19203 of 2024(4) dt.08-01-2026
                                                      3/3




                     said period.

                                 6. With the aforesaid observation and direction, the

                     instant writ application stands disposed of.

                                 7. Liberty is granted to the petitioner to file an

                     appropriate application for interest on delayed payment of

                     monetary benefits, if so advised, and the same shall also be

                     adjudicated along with the claim discussed hereinabove by the

                     Managing Director of the Corporation / respondent no. 4.



                                                            (Ajit Kumar, J)

shikha/-

U


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