Created by Fuzzy Cloud

Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ application is disposed of as withdrawn, without adjudicating the merits.

Summary

The petitioners, Sunil Kumar and Swatantra Kumar Dewanshu, filed a writ petition in the Patna High Court seeking mandamus directing the Bihar State Hydroelectric Power Corporation to grant them equal pay for equal work and to pay salary arrears for the period 1 January 2014 to 30 June 2014. They alleged that similarly situated employees of the corporation were receiving higher remuneration. The petition also sought any other reliefs deemed appropriate. During the hearing, the petitioners requested permission to withdraw the writ and instead pursue a representation before the Managing Director of the corporation. The Court, without examining the substantive merits of the equal‑pay or arrears claims, disposed of the writ application as withdrawn, granting the petitioners liberty to approach the corporation directly. Consequently, no substantive order on the merits was issued.

Issues considered

  • Whether the petitioners are entitled to mandamus directing the corporation to grant equal pay for equal work.
  • Whether the petitioners are entitled to salary arrears for the period 01‑01‑2014 to 30‑06‑2014.
  • Whether the Court may dispose of the writ application upon the petitioners' request to withdraw.

Subjects

  • equal pay
  • mandamus
  • salary arrears
  • withdrawal of writ
  • public sector employment
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1928 of 2022
                 ======================================================
           1.     Sunil Kumar S/o Chandeshwari Prasad Yadav, R/o Vill. - Pipra, P.S.-
                  Surbazar, Dist. - Saharsha.
           2.    Swatantra Kumar Dewanshu, S/o Deodhari Rai, R/o Vill. - Gonpura, P.S. -
                 Alampur Gonpura, 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., Son Bhawan, 2nd Floor, Birchand Patel Marg,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Brij Bihari Tiwary, Advocate
                 For the Respondent/s   :      Mr. Shiv Kumar, AC to GA-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   26-03-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the respondents.

                               2. The petitioners have filed the instant application for

                   the following relief(s):

                                            “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.
            Patna High Court CWJC No.1928 of 2022(3) dt.26-03-2026
                                                        2/2




                                                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
                                    fact and circumstances of the instant case.”
                                  3. After some argument, learned counsel for the

                      petitioners seeks permission to withdraw this application to file

                      a representation before the Managing Director, Bihar Hydro

                      Electric Power Corporation Limited (respondent no.4) for

                      redressal of their grievances raised herein.

                                  4. Without entering into the merits of the case of the

                      petitioners, the writ application is disposed of as withdrawn with

                      the aforesaid liberty.



                                                 (Partha Sarthy, J)
Saurabh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.