Patna High Court
Deva Nand DuttaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
Holding
The court dismissed the writ, holding that it cannot impose liability on a public authority unable to pay due to financial exigency, as such a direction would be contrary to public policy.
Summary
The petitioner, a former employee of the Bihar Industrial Area Development Authority (BIADA), sought a writ of mandamus directing the authority to pay salary arrears arising from a pay revision commission covering the period from April 1997 to October 2006, along with interest. The respondents argued that the matter had already been decided in a prior case (Radhey Krishna Rai v. State of Bihar & Ors) where similar claims were dismissed. The court examined the earlier judgment, which held that a public authority facing genuine financial exigency cannot be compelled to incur additional expenditure that would exacerbate its fiscal distress, as such a direction would contravene public policy under Article 220 of the Constitution. Relying on that precedent, the court found no basis to grant the writ of mandamus. Consequently, the petition was dismissed, and any interlocutory applications were also disposed of.
Issues considered
- Can a writ of mandamus be issued directing BIADA to pay salary arrears when the authority claims financial exigency?
- Does ordering payment of additional salary liability violate public policy under Article 220 of the Constitution of India?
Subjects
- writ of mandamus
- salary arrears
- pay revision commission
- financial exigency
- public policy
- Bihar Industrial Area Development Authority
- Article 220
- constitutional limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20873 of 2013
======================================================
Deva Nand Dutta, son of late Sarv Narayuan Dutta, Resident of Village Ahila,
Police Station Bahadurpur, District Darbhanga
... ... Petitioner/s
Versus
1. The State Of Bihar through Industrial Development Commissioner – cum
– Chairman of Bihar Industrial Area Development Authority, Department of
Industry, Govt. of Bihar, Patna
2. The Bihar Industrial Area Development Authority through its Managing
Director, Udhyog Bhawan, East Gandhi Maidan, Patna – 4
3. The Managing Director, Bihar Industrial Area Development Authority ,
Udhyog Bhawan, East Gandhi Maidan, Patna – 4
4. The Secretary, Bihar Industrial Area Development Authority through its
Managing Director, Udhyog Bhawan, East Gandhi Maidan, Patna – 4
5. The Executive Director, Bihar Industrial Area Development Authority
through its Managing Director, Udhyog Bhawan, East Gandhi Maidan, Patna
–4
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate
For the State : Mr. Mahtab Alam, AC to SC 20
For the BIADA : Mr. Yashraj Bardhan, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 30-01-2026
1. The petitioner has filed the instant
application for the following reliefs:
“ For issuance an appropriate
writ in the nature of Mandamus
commanding the respondents to pay the
differences of arrears of salary on
account of pay revision commission with
effect from 01.04.1997 to 31.10.2006
along with statutory interest/penal
interest as applicable and also for a
direction to grant all other consequential
Patna High Court CWJC No.20873 of 2013 dt.30-01-2026
2/4
benefits in terms thereof for which
petitioner is entitled for.”
2. At the very outset, the Learned
counsel for the respondents BIADA draws attention
of this Court towards the paragraph No. 7 of the
counter affidavit filed on their behalf, which reads
as follows:
“7. That it is stated that the
petitioners / appellants so under CWJC No.
28/2015 and LPA No. 1703/2015 who were
similarly situated to this petitioner and were
employees of BIADA, preferred SLP (C) No.
019457-019458 of 2018 which is pending
for consideration.”
3. It is therefore, contended that since
this matter is squarely covered under the judgment
dated 24.06.2015 passed by a Co-ordinate Bench
of this Court in C.W.J.C. No. 28 of 2015 (Radhey
Krishna Rai Vs. The State of Bihar & Ors) and
other analogous matters, this Writ petition may
also be disposed of on the same terms and
conditions.
Patna High Court CWJC No.20873 of 2013 dt.30-01-2026
3/4
4. In Radhey Krishna Rai (supra)
this Court has held as follows:
“23. In the considered opinion
of this Court, the petitioners being ex-
employee if they have a grievance with
regard to malfunctioning of BIADA, of
which they too were earlier its part and
now have been deprived of the amount of
enhanced salary due to the claim of
BIADA of having financial exigency and if
they find that this claim of financial
exigency is on account of alleged
misappropriation, they can always take
steps against the authorities of BIADA as
may be permissible to them in law but
then for this reason, this Court cannot
deviate from the settled principle of law
by fastening of liability of additional
expenditure on the head of salary and
emoluments on the employer which is not
in a position to pay on account of its
sustaining recurring loss. Such a direction
against public policy can never be issued
by this Court in exercise of power under
Article 220 of the Constitution of India.
24. Thus, for all these reasons
indicated above, all these writ
applications fail and are hereby
dismissed.”
Patna High Court CWJC No.20873 of 2013 dt.30-01-2026
4/4
5. Having regard to the submissions
made by the parties, the present Writ petition
stands disposed of in terms of the aforesaid
judgment passed in Radhey Krishna Rai
(supra).
6. Interlocutory Application, if any, shall
stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.01.2026
Transmission Date
Checking your session…