Patna High Court
Enam AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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,
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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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