Patna High Court
Binod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioners must seek redress by filing individual representations before the Managing Director of BSHEPC, and therefore a mandamus was not appropriate.
Summary
Three employees filed a writ petition seeking a mandamus directing the Bihar State Hydro‑Electric Power Corporation (BSHEPC) to grant them equal pay for equal work from the date of their employment, as is given to similarly situated employees. The respondents argued that a similar petition (C.W.J.C. No. 1928 of 2022) had been withdrawn and the petitioners were directed to seek redress by filing representations before the Managing Director of BSHEPC. The High Court examined the earlier order and held that the present petition should be disposed in the same manner, directing the petitioners to file individual representations within four weeks and the Managing Director to decide them within three months. The Court therefore declined to issue mandamus and ordered administrative proceedings. The writ application was consequently disposed with these directions.
Issues considered
- Whether a writ of mandamus can be issued to compel BSHEPC to grant equal pay to the petitioners.
- Whether the petitioners should be directed to pursue their grievance through representation before the Managing Director of BSHEPC.
Subjects
- equal pay
- mandamus
- civil writ jurisdiction
- administrative remedy
- Bihar State Hydro‑Electric Power Corporation
- employment law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2113 of 2022
======================================================
1. Binod Kumar S/o - Lal Babu Halwai R/o - Kachahari Bhatgaon Road, P.S. -
Barh, Dist- Patna.
2. Sanjiv Kumar Mishra S/o - Late Nunu Mishra R/o Vill - Rasiari, P.S. -
Ghanshyampur, Dist- Darbhanga.
3. Kaushal Kishore S/o Hari Kishore Mishra R/o Vill - Barahi, P.S. - Parihar,
Dist- Sitamarhi.
... ... 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) 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 State : Mr. Yogendra Pd. Sinha (AAG- 7)
For the BSHEPC : Mr. Mritynjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 09-04-2026 Heard learned counsel for the parties.
2. The petitioners have filed the instant application for
the following reliefs:
“1. 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
Patna High Court CWJC No.2113 of 2022(4) dt.09-04-2026
2/3
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.
ii. 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. At the outset, learned counsel appearing for the
respondent nos.3 to 5 submits that a similar matter being
C.W.J.C. no. 1928 of 2022 (Sunil Kumar and Anr. vs. The State
of Bihar and Ors.) was disposed of as withdrawn by order dated
26.3.2026 giving liberty to the petitioners to file a representation
before the Managing Director, Bihar Hydro Electric Power
Corporation Limited for redressal of their grievances raised
therein.
4. Learned counsel for the respondent nos.3 to 5
submits that this writ application also be disposed of in similar
terms.
5. Having heard learned counsel for the parties and
having perused the contents of the petition as also the order
dated 26.3.2026 passed in C.W.J.C. no. 1928 of 2022, this writ
Patna High Court CWJC No.2113 of 2022(4) dt.09-04-2026
3/3
application is disposed of with a direction to the petitioners to
file their separate/individual representations before the
Managing Director, Bihar Hydro Electric Power Corporation
Limited (respondent no.4) for redressal of their grievances
raised herein within a period of four weeks. The petitioners in
their representations will be at liberty to raise all the grievances
raised in the instant application as also otherwise.
6. On individual representations having been filed
within the aforesaid period, the respondent no.4 shall decide the
same in accordance with law within a period of three months
from the date of its filing.
7. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
sauravkrsinha/-
U
Checking your session…