Patna High Court
Lakhan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court disposed of the writ petition by directing the petitioner to file a representation before the Municipal Corporation and setting timelines for its disposal, without granting mandamus.
Summary
Lakhan Paswan, a 57‑year‑old 4th‑grade employee of the Gaya Municipal Corporation, filed a writ petition seeking a mandamus directing the State of Bihar and the Municipal Corporation to fix his salary and pay arrears under the 5th and 6th Pay Commission revisions. He alleged that despite several representations, the corporation had not acted. The Court, after hearing counsel, did not grant the writ outright but ordered the petitioner to file a fresh representation before the Municipal Corporation within two weeks. The corporation was directed to dispose of that representation within six weeks and, if payable, to release the amount within four weeks of disposal. If the representation is rejected, a reasoned order must be given to the petitioner. The writ petition was consequently disposed.
Issues considered
- What relief, if any, is appropriate under a writ of mandamus for the fixation of salary and payment of arrears under the 5th and 6th Pay Commission revisions?
Subjects
- Mandamus
- Pay Revision
- 5th Pay Commission
- 6th Pay Commission
- Salary fixation
- Arrears
- Municipal Corporation
- Civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2269 of 2026
======================================================
Lakhan Paswan, aged about 57 years Son of Late Mahzar Paswan @ Mahajar
Paswan, resident of Mohalla-Maranpur, P.O. Chand Chaura, P.S. Civil Line,
District Gaya
... ... Petitioner/s
Versus
1. The State of Bihar through its Secretary, Urban Development Department,
Bihar, Patna.
2. Municipal Commissioner, Gaya Municipal Corporation, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Sinha, Advocate
For the Respondent/s : Standing Counsel (6)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-02-2026 1. Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Gaya
Municipal Corporation
2. The petitioner has filed the instant application for
the following reliefs:
“i) For issuance of appropriate writ in the
nature of mandamus seeking direction to
Respondents to grant the benefit of 5th Pay and
6th Pay Revision and accordingly fixation of
salary on the basis of such revision and
calculate the arrears accordingly and pay the
same for which petitioner was entitled for but
not paid inspite of repeated representation filed
by petitioner.
ii) For any other relief or reliefs for which
petitioner is entitled for.”
3. It is submitted by learned counsel for the petitioner
Patna High Court CWJC No.2269 of 2026(2) dt.12-02-2026
2/2
that petitioner who is a 4th Grade employee has been deprived of
fixation for the benefit of 5th and 6th Pay Revision and inspite of
his filed various representations, brought on record as
Annexure-P/2 series, the respondent Corporation has not
responded to the same and as such the writ application.
4. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ petition is
disposed of directing the petitioner to file a representation
before the respondent no.2 within a period of two weeks.
5. The representation shall be disposed of by the
respondent no.2 within a period of six weeks from the date of its
filing and the consequential benefit/amount found payable to the
petitioner shall be paid within a period of four weeks from the
date of disposal of the petitioner's representation.
6. In case the representation of the petitioner does not
find favour with the respondent concerned, a reasoned order for
the same shall be communicated to the petitioner within the
aforesaid period.
7. The writ application stands disposed of.
(Partha Sarthy, J)
Bibhash
U
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