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Patna High Court

Pradip KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must file a fresh representation and the respondent must decide it within a reasonable time, thereby disposing of the writ petition.

Summary

The petitioners, a group of contractual employees of the Bihar State Road Development Corporation Ltd (BSRDCL), filed a writ petition seeking implementation of a Board of Directors' resolution dated 20 April 2017 to restructure their salary to match that of regular government employees, along with back wages and benefits. They alleged that despite multiple representations, the respondent authorities had not acted on their claims. The respondents did not oppose the petition. The Court noted the pending representations and, rather than ordering immediate salary adjustment, directed the petitioners to file a fresh, comprehensive representation within two weeks, attaching all prior submissions. The Court further ordered the respondent to decide the fresh representation by a reasoned order within 45 days of receipt, and consequently disposed of the writ petition.

Issues considered

  • Whether a High Court can direct a public corporation to implement a Board resolution regarding salary parity for contractual employees.
  • Whether the pending representations by the petitioners can be considered sufficient grounds for granting the relief sought.
  • Whether the Court should issue a direct order for back wages or merely direct the administrative process to be followed.

Subjects

  • salary parity
  • contractual employees
  • public corporation
  • writ jurisdiction
  • administrative law
  • representation
  • Bihar State Road Development Corporation
  • board resolution

Judgment

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.194 of 2026
     ======================================================
1.    Pradip Kumar Son of Late Prabhu Narayan Das, Resident of House No.
      40/400, Road No. 2, Rajbanshi Nagar, PS- Shastri Nagar, Patna- 800023.
2.   Binod Kumar Ranjan, Son of Late Bhuletan Pandit, Resident of Rajrani
     Niwas Budh Vihar Colony, Sipara Dih (East), Post- Dhelwan, PS Beur,
     Distt.- Patna (Bihar)- 800020.
3.   Puja, W/o- Sri Sandeep Kumar Singh, Resident of Mohalla- Indrapuri,
     Patna (Bihar)-800024.
4.   Rakesh Kumar, S/o- Late Jagdish Prasad Singh, Resident of Village and
     Post- Basudeopur Chandel, Distt- Vaishali (Bihar)- 844501.
5.   Bishwanath Ram, S/o- Sri Jay Narayan Ram, Resident of Village Post-
     Nirmali, PS- Pipra, Distt. Supaul (Bihar)- 852132.
6.   Brajesh Dutt Kumar, S/o- Sri Ganesh Dutt Kumar, Resident of Indira
     Nagar, Road No.-4, Postal Park, Patna (Bihar)- 800001.
7.   Kumud Ranjan, S/o- Sri Chhotelal Paswan, Resident of Village and PO-
     Mahwa, Distt.- Muzaffarpur (Bihar)- 843111.
8.   Anil Kumar, S/o- Sri Sidhnath Prasad, Resident of Purani Masjid Road,
     Paliganj, Patna (Bihar)-801110.
9.   Md. Shakeel Ahmed, S/o- Mohammed Stamim Ahmed, Resident of- In
     front of Gangotri Iron and Steel Factory, Prakash Nagar, Khagaul Road,
     Phulwarisharif, Patna, 801505.
10. Deepak Kumar, Son of Late Ramu Prasad Keshari, Resident of Gola Road,
    Imambara Gali, Nawadah Bihar, 805110.
11. Sanjay Kumar, S/o- Late Sachindanand Prasad, Resident of Village
    Saraiyapar, PO- Paithana, PS- Islampur, Distt.- Nalanda (Bihar)- 801303.
12. Rajnish Kumar Sinha, S/o- Sri V. N. Sharma, Resident of Village and Post-
    Mau, Distt.- Patna, 800001.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Chief Secretary, Bihar, Patna.
2.   The Development Commissioner-cum-Chairman, Bihar State Road
     Development Corporation, Bihar, Patna.
3.   The Secretary, Road Construction Department, Bihar, Patna.
4.   The Additional Chief Secretary, General Administration Department,
     Bihar, Patna.
5.   The Principle Secretary, Finance Department, Bihar, Patna.
6.   The Managing Director, Bihar State Road Development Corporation Ltd,
     Bihar Patna.
7.   The Chief General Manager, Bihar State Road Development Corporation
     Limited, Bihar, Patna.
         Patna High Court CWJC No.194 of 2026(2) dt.31-01-2026
                                                     2/4




                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s  :      Mr. Archana Sinha, Sr. Adv.
                                              Ms. Swarna Roy, Adv.
                                              Mr. Kanishk Kaustubh, Adv.
                                              Ms. Lakshmi Kumar, Adv.
                 For the Corporation   :      Mr. P.K. Shashi, A.G.
                                              Mr.Anil Kumar Singh, GP-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2   31-01-2026                 Heard learned counsel for the petitioners and

                   learned counsel appearing for the State as well as

                   Corporation.

                               2.    The     petitioner          has   preferred   this   writ

                   application with the following reliefs;

                                            “I. For issuance of direction to the
                                 Respondent Authorities to comply the direction of
                                 the Board of Directors of the BSRDCL in it’s 34 th
                                 Board Meeting held on 20.04.2017 and to consider
                                 and reconstruction the salary structure of
                                 contactual employees of BSRDCL including the
                                 petitioners to match the same of and make it
                                 equivalent to the salary of regular employees of
                                 Government of Bihar.
                                            II. The petitioner further prays that after
                                 consideration of the aforementioned direction of
                                 the Board of Directors of the BSRDCL grant similar
                                 pay, and pay all consequential benefits with effect
                                 from the date of direction of the Board of Directors.
                                            III. For any other relief/reliefs for which
                                 the petitioner may be deemed entitled to.”

                               3. Mrs. Sinha, learned counsel for the petitioners
Patna High Court CWJC No.194 of 2026(2) dt.31-01-2026
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          submits that the petitioners have approached the concerned

          authority by way of several representations with respect to

          their claim, however, no decision has been taken on the

          representation of the petitioners as yet. She further confined

          her prayer to the extent that the representations of the

          petitioners annexed as annexure-P/8 series to the writ

          application may be directed to be decided by the concerned

          authorities in accordance with law within a reasonable time.

                      4. On the other hand, learned counsel for the

          respondents does not oppose the submission advanced by

          the learned counsel for the petitioner.

                      5. Taking into consideration the submission put-

          forth by the learned counsel for the petitioners and taking

          into consideration the fact that the representations of the

          petitioner are pending consideration before the respondent

          authority as yet, this Court deems it fit to dispose of this writ

          petition at this stage itself directing the petitioners to file a

          fresh representation raising all the grounds as raised in this

          writ application with all supporting documents with respect

          to their claim, annexing all the representations filed earlier,

          which are at P/8 (series) to the writ application, within a

          period of two weeks from today. Upon such representation is
            Patna High Court CWJC No.194 of 2026(2) dt.31-01-2026
                                                        4/4




                      filed, the concerned              respondent shall consider the

                      representation of the petitioner and decide it by passing a

                      reasoned and speaking order, in accordance with law,

                      preferably within a period of 45 days from the date of

                      receipt of a copy of the order of this Court, which shall be

                      communicated to the petitioner forthwith.

                                  7. Accordingly, with the aforesaid observation and

                      direction, the writ petition stands disposed of.



                                                (Praveen Kumar, J)
brajesh/-

U


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