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Patna High Court

Enam AhmadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation and ordered the Director, Science and Technology Department, to issue a reasoned order within 90 days.

Summary

The petitioner, Enam Ahmad, a contract computer programmer appointed in 2008, filed a writ petition seeking payment of salary, increments, and statutory benefits, alleging discrimination and violation of Articles 14 and 16 of the Constitution because he was being paid less than similarly placed contract employees. He claimed that the Bihar State Electronics Development Corporation (BELTRON) and the Science & Technology Department were improperly determining his pay contrary to the Bihar State Pay Commission’s recommendations. The State argued that the petitioner was not a state employee and therefore not entitled to the reliefs, while BELTRON contended that the grievance was against the Department, not itself. The Court observed that the petitioner’s representation before the Director of the Science & Technology Department had been pending for a long time without any order. Consequently, the Court directed the petitioner to file a fresh, comprehensive representation within 30 days and ordered the Director to pass a reasoned order on the representation within 90 days.

Issues considered

  • Whether a contract employee appointed before the creation of BELTRON is entitled to salary and benefits as per the Bihar State Pay Commission’s recommendations.
  • Whether the differential salary paid to the petitioner amounts to discrimination violative of Articles 14 and 16 of the Constitution.
  • Whether the State of Bihar and BELTRON are liable to grant the petitioner statutory benefits such as EPF, ESIC, and regular increments.

Subjects

  • contract employment
  • salary discrimination
  • Article 14
  • Article 16
  • writ petition
  • representation pending
  • direction
  • Bihar State Pay Commission
  • BELTRON

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2701 of 2022
                 ======================================================
                 Enam Ahmad Son of Md. Anwar Ahmad, Resident of House No. 92, Anis
                 Manzil, Badarghat, Shahi Eidgah, Gulzarbagh, Police Station - Gulzarbagh,
                 District - Patna.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Principal Secretary, Science and Technology
                 Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Science and Technology Department, Government
                 of Bihar, Patna.
           3.    The Special Secretary - Cum - Director, Science and Technology
                 Department, Government of Bihar, Patna.
           4.    The Director, Science and Technology Department, Government of Bihar,
                 Patna.
           5.    The Chairman, Bihar State Electronics Development Corporation Limited
                 (BELTRON)
           6.    The Principal, Nalanda College of Engineering, Chandi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ravindra Kumar Singh, Advocate
                 For the State          :      Smt. Archana Meenakshee (GP-6)
                                               Mr. Prabhat, AC to GP-6
                 For the BELTRON        :      Mr. Girijish Kumar, Adv.
                                               Mr. Akash Anand, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   12-01-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the State and learned counsel for the BELTRON.

                                 2. The present writ petition has been filed for the

                   following reliefs:-

                                                            (I) For a direction upon the
                                                Respondent          authorities           for
                                                determination and be given Payment
                                                of the Scale/Salary to the Petitioner as
                                                according to the time of his first initial
Patna High Court CWJC No.2701 of 2022(3) dt.12-01-2026
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                                          appointment           and       posting      on
                                          01.03.2008              as         Computer
                                          Programmers (with a Grade Pay of
                                          Rs. 4800/- and Pay Scale of Rs. 6500-
                                          10,500/- and paid a fixed amount of
                                          Rs. 10,000/- Per Month) on Contract
                                          basis as he was appointed through
                                          Advertisement in the local newspaper
                                          for various the posts dated 19.08.2007
                                          issued by the Department of Science
                                          and Technology, Government of Bihar,
                                          Patna and not treat and leave to
                                          determine his salary according to the
                                          Salary/Policy prescribed and fixed by
                                          its outsourcing agency namely Bihar
                                          State          Electronics      Development
                                          Corporation           Limited      in      short
                                          BELTRON which came into existence
                                          in the Year 2015 which is much later
                                          after the appointment of the Petitioner
                                          to the said post.
                                                         (II) For a direction upon the
                                          Respondent authorities to follow the
                                          procedure        of   Equity     and      Parity
                                          amongst its contract employees for
                                          different posts in the matter of
                                          appointment, payment of salaries, pay
                                          scales, regular increments and other
                                          benefits as prescribed by the Science
                                          &          Technology            department,
Patna High Court CWJC No.2701 of 2022(3) dt.12-01-2026
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                                          Government of Bihar, Patna.
                                                         (III) For a direction upon
                                          the Respondents for payment of
                                          Balance/ Difference of salaries to the
                                          Petitioner for the post of Programmer
                                          since 16.11.2018 up to date.
                                                         (IV) For a direction upon
                                          the Respondents for payment of
                                          balance and difference of salary to the
                                          Petitioner from November 2018 to
                                          February 2019 as he was just paid Rs.
                                          15,000/ although prior enhancement
                                          was made.
                                                         (V) For a further direction
                                          to the Respondent to regularize the
                                          service of the Petitioner or Job
                                          Security may be given till his date of
                                          retirement up to 60 Years.
                                                         (VI) For a direction to the
                                          Respondent for payment of Regular
                                          Increment to the Petitioner upon the
                                          Pay Scale/Salary prescribed by the
                                          Science & Technology department,
                                          Government         of   Bihar     and   not
                                          according to policy of the BELTRON.
                                                         (VII) For a direction upon
                                          the Respondent to grant the Petitioner
                                          facilities of the EPF and ESIC and
                                          other     facilities    granted    to   its
                                          employees by the Government of
Patna High Court CWJC No.2701 of 2022(3) dt.12-01-2026
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                                          Bihar.
                                                         (VIII) For grant of such
                                          other Relief/Reliefs to the Petitioner
                                          as this Hon'ble Court deems fit and
                                          proper.
                                                         (IX)      For   holding     that
                                          illegality and discrimination is being
                                          done by the Respondents in case of the
                                          Petitioner whose post of Computer
                                          Programmer has been recommended
                                          and placed under Level 8 category by
                                          the Bihar State Pay Commission in its
                                          Seventh Pay Commission Report of
                                          Year 2017 and has been given a
                                          Minimum basic Salary of Rs. 47,600/
                                          but the Petitioner is being paid only
                                          Rs. 22,557/-by the BELTRON in
                                          comparison to other like Contractual
                                          employees         like     Foreman       (Karm
                                          Pramukh),         Instructors     and      Lab
                                          Assistants who have placed in Level 6
                                          category with a Minimum basic salary
                                          of Rs.35,400/ who are also being paid
                                          fixed salary by the BELTRON but it is
                                          much higher amount than that paid to
                                          the Petitioner.
                                                         (X) For a direction upon the
                                          Respondent to pay the Petitioner the
                                          Minimum          basic     amount    of    Rs.
                                          47,600/- Per Month for Level-8
Patna High Court CWJC No.2701 of 2022(3) dt.12-01-2026
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                                          employees with other emoluments as
                                          prescribed by the Bihar State Pay
                                          Commission or Pay the Minimum
                                          basic amount of Rs. 45,312/- Per
                                          Month          with   other   facilities    as
                                          prescribed by the BELTRON through
                                          its Memo No.1116 dated 31.08.2018
                                          and not pay him just Rs.22,557/- Per
                                          Month.
                                                         (XI)   For     holding      that
                                          deliberate discrimination has been
                                          done in case of the Petitioner in
                                          payment of Salary/Pay Scale/Other
                                          benefits by the Respondents and thus
                                          there is complete violation of Article
                                          14 and 16 of the Constitution of India.
                      3. Learned counsel for the petitioner submits that, for

          redressal of his grievance, he has filed a representation before

          the Director, Science and Technology Department, Government

          of Bihar, Patna.

                      4. Learned counsel for the State submits that no

          benefit should be granted to the petitioner, as he is not an

          employee of the State of Bihar, however, he admits that the

          petitioner’s representation is still pending.

                      5. Learned counsel for BELTRON submits that, at

          present, the petitioner has no grievance against BELTRON,
         Patna High Court CWJC No.2701 of 2022(3) dt.12-01-2026
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                   rather, he is seeking relief from the Director, Science and

                   Technology Department, Government of Bihar, Patna

                               6. It transpires to this Court that the petitioner’s

                   representation has been pending for a long time and, admittedly,

                   no order has been passed thereon.

                               7. In view of the above, the petitioner is directed to

                   file a fresh representation, raising all grievances mentioned in

                   the present writ petition or any other points available to him,

                   within 30 days from today. The Director, Science and

                   Technology        Department,           Government   of   Bihar,   Patna

                   (Respondent No. 4), is hereby directed to pass a reasoned and

                   speaking order on the representation filed by the petitioner

                   within 90 days thereafter.



                                                                    (Dr. Anshuman, J.)

Aman Kumar/-

U


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