Patna High Court
Mahesh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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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