Patna High Court
Ramjee Yadav,versusThe State of Bihar,
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The writ petition is allowed, directing the respondents to consider a fresh representation and, if entitled, to grant the petitioners the 7th Pay Revision benefits from 01‑Sept‑2018.
Summary
The petitioners, former employees of the dissolved SCADA now merged with the Water and Land Management Institute (WALMI), sought parity in the grant of 7th Pay Commission benefits, claiming they were unfairly given the benefits only from 01‑Oct‑2021 while other WALMI employees received them from 01‑Sept‑2018. They filed a writ petition for certiorari to quash the Director’s order and mandamus to compel the respondents to grant the earlier benefit date and consequential monetary relief. The State argued that the petitioners were not appointed to sanctioned vacancies, justifying the delayed benefit, while WALMI’s order provided no reasoning for the later date. The Court observed that the petitioners were indeed employees transferred to WALMI and that other employees received the benefits from the earlier date, indicating discrimination and a breach of the principle of parity. Consequently, the Court directed the petitioners to file a fresh representation before the Secretary of the Water Resources Department and ordered the respondent to decide within 60 days, granting the writ petition.
Issues considered
- Whether the Director’s order granting 7th Pay Commission benefits to the petitioners from 01‑Oct‑2021, contrary to other employees, should be quashed on grounds of violation of equality and parity.
- Whether the petitioners are entitled to the 7th Pay Commission benefits from 01‑Sept‑2018 and whether a mandamus can be issued to compel the respondents to grant such benefits.
- The validity of the State’s contention that the petitioners were not appointed against sanctioned posts as a ground to deny the earlier benefit.
Subjects
- 7th Pay Commission
- pay revision
- parity
- discrimination
- certiorari
- mandamus
- civil service
- government employees
- WALMI
- Water Resources Department
- SCADA merger
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2032 of 2022
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1. Ramjee Yadav, Son of Bishwanath Yadav, Resident of Sone Bhawan
Premises, R. Block, P.S. - Secretariat, District - Patna.
2. Abhay Kumar Singh, Son of Ram Lakhan Singh, Resident of Mohalla - Ram
Nagar (Kumharar), P.S. - Agamkuan, District - Patna.
3. Sanjay Kumar, Son of Late Laxmi Prasad, Resident of Sone Bhawan
Premises, R. Block, P.S. - Kotwali, District - Patna.
4. Suresh Singh, Son of Shobhit Singh, Resident of Village - Krishnawara, P.S.
- Patepur, District - Vaishali.
5. Hajari Rajak, Son of Kuli Rajak, Resident of Village - Baratpur (Kachchi
Dargah), P.S. - Fatuha, District - Patna.
6. Upendra Pathak, Son of Sarju Pathak, Resident of Sultan Palace Premises,
P.S. - Kotwali, District - Patna.
7. Shivnath Prasad Roy, Son of Tega Ray, Resident of Mohalla - Mali Tola
(Chauhatta), P.S. - Digha, District - Patna.
8. Shankar Rai, Son of Ishwari Rai, Resident of Mohalla - Machhuatoli, Arya
Kumar Road, P.S. Kadamkuan, District - Patna.
9. Siya Ram Singh, Son of Kameshwar Singh, Resident of Village - Baddopur,
P.S. - Pandarak, District - Patna.
10. Samuel Tirkey, Son of Jivan Tirkey, Resident of Village - Rupaspur
(Dhanaut), P.S. - Rupaspur, District - Patna.
11. Anand Prasad, Son of Ram Chandar Ram, Resident of Mohalla - Gola Road
(Jhakhari Mahadev), P.S. - Danapur, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Secretary, Water Resources Department,
Bihar, Patna.
2. The Secretary, Water Resources Department, Bihar Cum Chairman of the
Governing Body of the Water and Land Management Institute,
Phulwarisharif, Patna.
3. Water and Land Manager Institute (WALMI), Phulwarisharif, Patna, through
its Director.
4. The Director (Chief Engineer), Water and Land Management Institute
(WALMI), Phulwarisharif, Patna.
5. The Superintending Engineer, Command Area Development Circle, Sone
Bhawan, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Anjani Kumar (AAG- 4)
Patna High Court CWJC No.2032 of 2022(4) dt.13-01-2026
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======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the Water and Land
Management Institute (hereinafter referred to as ‘WALMI’).
2. The present writ petition has been filed for the
following reliefs:-
(i) To issue appropriate directions,
order or writ in the nature of Certiorari
quashing the part of office order issued by
Director (Chief Engineer), Water and Land
Management Institute (WALMI), Patna as
contained in memo no. 567 dated 09.10.2021
(Annexure- P/13) and letter no. 652 dated
24.11.2021 (Annexure- P/14) by which the
benefit of 7th pay revision has been allowed
to the petitioners with effect from 01.10.2021
instead of 01.09.2018 from which date the
said benefit has been allowed to other
employees of the Command Area
Development Circle, Sone Bhawan, Patna.
(ii) To issue appropriate direction,
order or writ in the nature of Mandamus
commanding the respondents to allow the
benefits of 7th pay revision to the petitioners
with effect from 01.09.2018 from which date
the said benefit has been allowed to other
employees of Command Area Development
Patna High Court CWJC No.2032 of 2022(4) dt.13-01-2026
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Circle, Sone Bhawan, Patna and to pay them
consequential monetary benefits.
(iii) To grant any other relief or
reliefs to which the petitioners are entitled
for.
3. Learned counsel for the petitioners submits that the
petitioners were appointed as Class-III and Class-IV employees
by the Area Development Commissioner-cum-Chairman of the
erstwhile Sone Command Area Development Agency, Patna
(hereinafter referred to as “SCADA”). Counsel further submits
that the benefits of the 5th Pay Revision were allowed to them
with effect from 01.01.2009, like other employees of the agency.
Counsel further submits that the benefits of the 6th Pay Revision
were also allowed to the petitioners with effect from
01.04.2012.
4. Counsel further submits that SCADA was dissolved
by the State Government by a policy decision and its assets and
liabilities, including Sone Bhawan, R-Block, Patna, were
transferred to WALMI, Patna with effect from 01.09.2018. He
further submits that WALMI is an agency functioning under the
administrative control of the Water Resources Department,
Bihar, Patna.
5. Counsel further submits that the Water Resources
Department sanctioned the benefits of the 7th Pay Commission
Patna High Court CWJC No.2032 of 2022(4) dt.13-01-2026
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to the employees of WALMI with effect from 01.09.2018 vide
letter No. 170 dated 09.03.2020. Counsel further submits that
the Director, WALMI, Patna allowed the benefits of the 7th Pay
Revision to other employees of WALMI vide Letter No. 197
dated 13.05.2020 with effect from 01.09.2018, but the
petitioners were not granted the benefits of the 7th Pay Revision
even after filing their representations before the Secretary, Water
Resources Department, Bihar-cum-Chairman, WALMI, Patna.
6. Counsel further submits that the petitioners were
granted the benefit of the 7th Pay Revision with effect from
01.10.2021, but not from 01.09.2018. Counsel further submits
that parity has not been maintained in the grant of benefits, as
other employees of WALMI were granted the benefits with
effect from 01.09.2018, whereas the petitioners have been
discriminated against and granted the benefits only with effect
from 01.10.2021.
7. Learned counsel for the State submits that it is the
stand of the State that the petitioners were not appointed against
sanctioned vacant posts, and it is for this reason the benefits
were not granted.
8. Learned counsel for WALMI submits that in the
letter annexed as Annexure-P/13, no reason has been assigned
Patna High Court CWJC No.2032 of 2022(4) dt.13-01-2026
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and only the date has been indicated, stating that the benefit is
granted with effect from 01.10.2021.
9. In light of the present facts and circumstances
mentioned above, particularly when there is no denial that the
petitioners were employees of SCADA and were subsequently
merged with WALMI, and when other employees of WALMI
have been granted the benefits of the 7th Pay Revision with
effect from 01.09.2018, whereas the petitioners were
discriminated against and granted the benefits only with effect
from 01.10.2021.
10. In light of the above situation, the petitioners are
hereby directed to file a fresh representation before the
Secretary, Water Resources Department, Bihar Cum Chairman
of the Governing Body of the Water and Land Management
Institute, Phulwarisharif, Patna (Respondent No. 2), and
respondent no. 2 is hereby directed to consider the case of the
petitioners, keeping in view their entitlement and the
requirement of maintaining parity, and to take a decision on the
representation within 60 days from the date of production of this
order along with the representation. If the respondent No. 2
finds that the petitioners are entitled then he shall ensure
payment in the same manner as has been allowed to other
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employees of SCADA who are now merged with WALMI.
11. Accordingly with the aforesaid directions, the
present writ petition stands allowed.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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