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Patna High Court

Upendra Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition was dismissed for non‑prosecution due to the petitioners' failure to appear and to file the required hard copy.

Summary

Six government employees filed a writ petition in the Patna High Court seeking a mandamus to quash Letter No.1528 dated 21.09.2015, which stopped their pay scale of Rs.4000-6000, and to direct the State to grant them the benefit as per the Pay Revision Commission recommendation and a later letter dated 16.07.2015. The petition listed the State of Bihar and several water resource officials as respondents. No petitioner appeared before the court, and the petitioners failed to file a hard copy of the writ petition as required. The court directed the petitioners' counsel to file the hard copy within four weeks and adjourned the matter. When the petitioners still did not appear, the court dismissed the case for non‑prosecution.

Issues considered

  • Whether the petitioners are entitled to a mandamus directing the State to implement the recommended pay scale.
  • Whether the court can quash Letter No.1528 dated 21.09.2015 that stopped the pay scale.
  • Whether the petition can proceed despite the petitioners' non‑appearance and failure to file a hard copy of the petition.

Subjects

  • writ petition
  • mandamus
  • pay scale
  • non‑prosecution
  • procedural default
  • government employees
  • Bihar

Judgment

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.3265 of 2022
     ======================================================
1.   Upendra Kumar Sharma S/o Late Ramadhar Sharma, Resident of Village -
     Mauri, P.S. - Haspura, District - Aurangabad.
2.   Rajesh Kumar, S/o Late Rambali Mallaha, Resident of Village and P.S. -
     Mail Bhagalpur, District - Dewariya (U.P.) At present - Upper Division
     Clerk (UDC), Executive Engineer, Design Division, Aurangabad.
3.   Baidhnath Prasad Singh, S/o Late Laxmi Narayan Singh, Resident of Village
     - Karmo Road, P.S. - Aurangabad, District - Aurangabad. At present - Lower
     Division Clerk (LDC), Executive Engineer, Sone Canal Division,
     Aurangabad.
4.   Ashok Kumar, S/o Late Dudheshwar Singh, Resident of Village - Bangali
     Bigha, P.S. - Haspura, District - Aurangabad.
5.   Rahul Kumar, S/o Late Hridaya Nand Sharma, Resident of Village -
     Chitragupta Nagar, P.S. - Aurangabad, District - Aurangabad. At present -
     Lower Division Clerk (LDC), Executive Engineer, Batana Head Works
     Division, Amba, Aurangabad.
6.   Asit Kumar, S/o Late Arun Kumar, Resident of Village - Singhpur
     Chandragarh, P.S. - Navinagar, District - Aurangabad. At present - Lower
     Division Clerk (LDC), Executive Engineer, Irrigation Division, Daudnagar,
     Aurangabad.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Water Resource
     Department, Government of Bihar, Patna.
2.   The Principal Secretary Water Resource Department, Government of Bihar,
     Patna.
3.   The Engineer-in-Chief, Water Resource Department, Government of Bihar,
     Patna.
4.   The Chief Engineer, Water Resource Department, Government of Bihar,
     Patna.
5.   The Superintending Engineer, Sone High Level Canal Circle, Water
     Resource Department, Government of Bihar, Aurangabad.
6.   The Superintending Engineer, North Canal Circle, Aurangabad.
7.   The Superintending Engineer, Design Planning, Monitoring Circle,
     Aurangabad.
8.   The Executive Engineer, Water Resource Department, Sone High Level
     Canal Division, Government of Bihar, Aurangabad.
9.   The Executive Engineer, Water Resource Department, Design Division,
     Aurangabad.
         Patna High Court CWJC No.3265 of 2022(4) dt.10-03-2026
                                                     2/4




           10. The Executive Engineer, Batana and Head Works Division, Amba,
               Aurangabad.
           11. The Executive Engineer, Irrigation Division, Daudnagar, P.S. - Daudnagar,
               Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        None
                 For the Respondent/s    :        Mr. Sumant Kumar Singh, AC to GA- 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                                  ORAL ORDER


4   10-03-2026                   No one appears for the petitioners. Learned counsel

                   for the respondents is present.

                                 2. The petitioners have filed the instant application for

                   the following reliefs:

                                                         “1. (i) A writ in the nature of
                                             mandamus or any appropriate writ/ writs,
                                             order/orders direction/ directions quashing
                                             the Letter No. 1528 dated 21.09.2015
                                             whereby and where under the scale of pay of
                                             the petitioner in the grade of Rs.4000/-
                                             6000/- has been stopped and the same has
                                             been referred to in Annexure 3 of the writ
                                             application.
                                                         (ii) A writ in the nature of a
                                             mandamus or any appropriate writ/ writs,
                                             order/orders         direction/       directions
                                             commanding the respondents not to give
                                             effect to orders of Annexure-3 and to pay the
Patna High Court CWJC No.3265 of 2022(4) dt.10-03-2026
                                            3/4




                                  petitioner the benefit of scale of Rs. 4000
                                  -6000/- as per recommendation of pay
                                  revision commission. All others in the state
                                  similarly situated as the petitioners are
                                  getting this relief as per letter no.6338 dated
                                  16.07.2015 refered to Annexure-2 of the writ
                                  application.
                                               (iii) Any other relief/reliefs for
                                  which the petitioners found entitled too.”

                      3. On the matter being taken up on 12.1.2026 also, no

          one appeared on behalf of the petitioners when the Court was

          pleased to record the following order:

                                               “Upon repeated calls, no one
                                  appears on behalf of the petitioners.
                                  However, learned counsel for the State is
                                  present.
                                               2. Upon perusal of the record, it
                                  transpires to this Court that in this case,
                                  hard copy of the writ petition has not been
                                  filed.
                                               3. As such, learned counsel for the
                                  petitioners is hereby directed to file the hard
                                  copy of the writ petition within four weeks
                                  from today.
                                               4. Put up this case on 16.02.2026.
                                  In the meantime, counsel for the petitioners
                                  shall be at liberty to file a rejoinder to the
                                  counter affidavit, if required.”
           Patna High Court CWJC No.3265 of 2022(4) dt.10-03-2026
                                                       4/4




                                 4. As no one appears on behalf of the petitioners, the

                     case is dismissed for non-prosecution.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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