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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed as it is barred by delay and laches.

Summary

The petitioner, a peon appointed on daily wages in 1983, sought regularisation of his service and placement in the Old Pension Scheme, claiming back wages from 2001‑2002 and 2004‑2017. Earlier orders directed him to file a representation for regularisation, which was eventually effected on 27‑Nov‑2017, but with effect from that date rather than the pre‑1‑Sept‑2005 cut‑off for the Old Pension Scheme. The petitioner filed the present writ in 2025 alleging delay in implementing the earlier orders and seeking inclusion in the Old Pension Scheme and payment of arrears. The respondents contended that his service was never continuous, he was removed in 2010, and there was no vacant post to justify regularisation or Old Scheme benefits. The court found no rebuttal to the respondents' affidavit, noted the eight‑year delay since regularisation, and held that the petition was barred by delay and laches, dismissing the application.

Issues considered

  • Whether the petitioner is entitled to be placed under the Old Pension Scheme despite regularisation after the 1‑Sept‑2005 cut‑off date.
  • Whether the petitioner is entitled to back wages/remuneration for the periods claimed.
  • Whether the writ application is barred by delay and laches.

Subjects

  • pension scheme
  • regularisation of service
  • back wages
  • delay
  • laches
  • writ jurisdiction
  • old pension scheme
  • new contributory pension scheme

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.268 of 2025
     ======================================================
     Rajesh Kumar son of Suryavali Singh, resident of Town Lakhisarai, Ward
     No.- 30, P.S. and District- Lakhisarai, presently working as Peon Department
     of Building Construction, Sub Division- 2, Sheikhpura, District- Sheikhpura.
                                                                  ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Principal Secretary, Department of Building
      Construction, Patna.
2.   The Principal Secretary, Department of Building Construction, Government
     of Bihar, Patna.
3.   The Principal Secretary, Department of Personnel and Administrative
     Reforms, Government of Bihar, Patna.
4.   The Secretary, Department of Finance, Government of Bihar, Patna.
5.   The Engineer in Chief cum Additional Commissioner, Department of
     Building Construction, Government of Bihar, Patna.
6.   The Chief Engineer, Department of Building Construction, Government of
     Bihar, Patna.
7.   The Superintending Engineer, Department of Building Construction,
     Bhagalpur Circle, Bhagalpur.
8.   The District Magistrate, Sheikhpura.
9.   The Executive Engineer, Department of Building Construction, Munger
     Division, Munger.
10. The Executive Engineer, Department of Building Construction Lakhisarai
    Division, Lakhisarai.
11. The Executive Engineer, Department of Building Construction Sheikhpura
     Division, Sheikhpura.
                                                        ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Om Prakash Maharaj, Advocate
     For the Respondent/s   :        Mr. Ravish Chandra, AC to SC-11
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                      ORAL JUDGMENT
      Date : 19-02-2026

                   Heard learned counsel for the parties.

                  2. The petitioner has filed the instant application for

      the following relief (s) :-

                       “1. (i) For issuance of an appropriate writ /
                       writs commanding / directing the Respondents to
Patna High Court CWJC No.268 of 2025 dt.19-02-2026
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                          put the services of the petitioner is old pension
                          Scheme instead of New Contributory Pension
                          Scheme on he is not a new appointee after
                          01.09.2005 in the Services of the State
                          Government in pursuance to Government
                          Resolution under Memo No. 1206 dated
                          26.11.2023 as contained in Annexure P/11.
                          (ii) For issuance of an appropriate writ / writs
                          commanding / directing the Respondents to pay
                          the back due wages/ remuneration of the
                          petitioner from December, 2001 to February
                          2002 and from March 2004 to the date of his
                          regularization of service i.e. 27.11.2017;
                          (iii) For issuance of any other relief/ reliefs for
                          which the petitioner is found entitled to under
                          law as well as under facts:
                                      And/or
                          Pass such other order/ orders, direction
                          /directions which your Lordships may deem fit
                          and proper under the facts and circumstances of
                          the case.”

                      3. The case of the petitioner in brief is that having

         been appointed on daily wage in the year 1983, the petitioner

         moved this Court for regularization of his services in CWJC

         no.8607 of 1999, which was disposed of vide order dated

         27.11.2004 directing the petitioner to file a representation before

         the Engineer in Chief-cum-Additional Commissioner, Department

         of Building Construction, Government of Bihar. It was further

         observed that in case the same is filed, the grievances of the

         petitioner shall be considered by the respondent concerned and

         necessary orders shall be passed for regularization of the

         services.
Patna High Court CWJC No.268 of 2025 dt.19-02-2026
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                      4. It is the case of the petitioner that the petitioner

         filed a representation, as directed by order dated 27.11.2004 and

         no action having been taken by the respondent authorities, he

         moved this Court in contempt application being M.J.C no.2734

         of 2006. Referring to the order dated 13.8.2009 passed in M.J.C

         no.2734 of 2006, learned counsel for the petitioner submits that

         the contempt application was dismissed. Further from the said

         order, it would transpire that the services of four of the six

         petitioners therein were regularized while observing that there

         were four more vacancies and that the case of the petitioner

         would be considered against the same, the contempt application

         was dismissed.

                      5. Learned counsel for the petitioner further submits

         that once again the respondents not having taken any steps for

         regularization of the service of the petitioner, the petitioner

         moved this Court in CWJC no.6337 of 2014. This Court was

         pleased to dispose of the said writ application by its order dated

         15.3.2016 observing that if there is a post vacant and available,

         then the claim of the petitioner will be considered favourably or

         else the decision would be made known to him clearly within

         the time fixed. It is further submitted that once again the

         directions of this Court not having been carried out, the
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         petitioner moved in a contempt application (MJC no.3072 of

         2016), however during pendency of the said writ application, by

         order bearing no.26 dated 27.11.2017 contained in Memo

         no.795 dated 27.11.2017 issued under the signature of the

         Superintending Engineer, Building Construction Department,

         Building Circle, Munger, the service of the petitioner was

         regularized.

                      6. Learned counsel for the petitioner submits that the

         service of the petitioner has been regularized by the said order

         dated 27.11.2017 (Annexure P/9) with effect from the date of

         passing of the order instead of a date prior to 1.9.2005 as had

         been done in the case of others similarly situated. As such the

         instant writ application has been filed for issuance of a direction

         to the respondents to put the service of the petitioner in the Old

         Pension Scheme instead of the New Contributory Pension

         Scheme for which the cut-off date is 1.9.2005.

                      7. The application is opposed by learned counsel

         appearing for the respondents, who in reference to the counter

         affidavit     filed    on    behalf         of   the   respondents-Building

         Construction Department submits that the service of the

         petitioner was not regularized earlier as no roster was available

         for the petitioner’s appointment and his services were not
            Patna High Court CWJC No.268 of 2025 dt.19-02-2026
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                     continuous, the petitioner having been removed by order dated

                     8.6.2010 by the Executive Engineer, Building Division,

                     Sheikhpura. It is further categorical case of the respondents that

                     the petitioner was not working against a vacant sanctioned posts

                     and as such there is no question of the petitioner’s regularization

                     or his being placed under the Old Pension Scheme, cut-off date

                     for which is 1.9.2025.

                                  8. Having heard learned counsel for the parties and

                     having perused the material on record, in addition to the fact

                     that the statements made in the counter affidavit on behalf of the

                     respondents have not been contradicted by the petitioner by

                     filing any rejoinder, this Court finds that against the order of

                     regularization of the petitioner dated 27.11.2017, the instant writ

                     application for the reliefs prayed for, as stated herein above, has

                     been preferred by the petitioner after 8 years in the year 2025.

                     Thus the application is fit to be rejected on the ground of delay

                     and laches.

                                  9. The application is dismissed.



                                                 (Partha Sarthy, J)

Shiv/-
AFR/NAFR               NAFR
CAV DATE               N/A
Uploading Date         20.02.2026
Transmission Date


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