Patna High Court
Anup KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioners must first file a fresh representation before the Managing Director; if salary dues are established, they must be paid within 60 days, and the corporation must issue a reasoned order for other arrears.
Summary
The petitioners, two employees of Bihar State Hydro Electric Power Corporation, filed a writ petition seeking mandamus to be regularised as employees and to receive basic pay, grade pay, dearness allowance, annual increments, medical benefits, gratuity and payment of salary arrears. They relied on a prior High Court order in Madhukar (2020) directing payment of arrears within 60 days with interest. The respondents argued that the present reliefs are different and the earlier observation should not be applied. The Court directed the petitioners to file a fresh representation before the Managing Director; if salary dues are found, they must be paid within 60 days, and for other arrears the corporation must issue a reasoned order. Consequently, the writ petition was disposed without granting the mandamus relief.
Issues considered
- Whether the petitioners are entitled to be treated as regular employees of the corporation and to receive the associated salary and benefits.
- Whether the observations in Madhukar v. State of Bihar (2020) mandating payment of arrears within 60 days apply to the present petition.
- Whether a writ of mandamus can be issued directing payment of salary arrears and other benefits.
- What procedural steps the corporation must follow before granting the reliefs sought.
Subjects
- regularisation
- salary arrears
- mandamus
- public sector undertaking
- writ petition
- interest on delayed payment
- representation
- reasoned order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3813 of 2022
======================================================
1. Anup Kumar S/o - Janardan Prasad R/o - Vill - Purankama, P.S. -
Sheikhpura, Dist- Sheikhpura.
2. Md. Shekh Raju S/o - Md. Shekh Ajbul R/o - Near BMP - 2, Hydal Colony,
Bastipur, P.S. - Dehri - On-Sone, Dis - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Dept of Energy,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Energy, Govt. of Bihar, Patna.
3. The Bihar State Hydra Electric Power Corporation Limited Through its
Managing Director, Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna.
4. The Managing Director, Bihar Hydra Electric Power Corporation Limited
Sone Bhawan, 2nd floor, Birchand Patel Marg, Patna.
5. The Manager (Personnel and Administration) Bihar State Hydroelectric
Power Corporation Ltd. Son Bhawan, 2nd floor, Birchand Patel Marg, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate
For the Respondent/s : Mr. Abbas Haider (SC-6)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 12-01-2026 Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for Bihar State Hydro
Electric Power Corporation Ltd.
2. The present writ petition has been filed for the
following relief(s):-
“That the instant application is being
filed for issuance of appropriate writ/
writs, order/orders, direction/directions
to the Respondent Authority to grant the
Patna High Court CWJC No.3813 of 2022(4) dt.12-01-2026
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following relief to the petitioners:-
(i) In the nature of "Mandamus”
directing and commanding the
Respondent authorities to treat the
petitioners the regular employees of
Bihar State Hydroelectric Power
Corporation Ltd, Patna and grant the
petitioners the basic pay of Rs. 7,730/-
along with grade pay of 1900/-with
admissible Dearness Allowance as
being provided to all the employees of
the Corporation which is at present @
189% of Basic Pay.
(ii) In the nature of "Mandamus"
directing and commanding the
respondent authorities also to grant the
petitioners with the admissible annual
increment which has not been paid til
date.
(iii) In the nature of "Mandamus” also
to grant the petitioners others entitled
benefit like medical, G.L.S.I. and the
benefit of Gratuity as applicable to the
other regular employees of the
Corporation treating the petitioners as
like.
(iv) In the nature of "Mandamus"
directing and commanding the
Respondent Authorities to calculate the
due arrear of salary after rectifying the
Patna High Court CWJC No.3813 of 2022(4) dt.12-01-2026
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anomalies and pay the same forthwith
which is being denied to the petitioners.
(v) For Issuance of any other relief or
reliefs for which the Petitioners are
entitled for in the fact and
circumstances of the instant case.”
3. Learned counsel for the petitioners submit that the
petitioners’ representation has been pending before the
Respondent no.4 since long, and no decision has been taken as
yet. Counsel relied on the order passed by this Hon’ble Court
passed in C.W.J.C. No. 7170 of 2020 (Madhukar Vs. The State
of Bihar & Ors.) which was disposed of vide order dated
19.08.2020 directing the respondents to ensure payment of
arrears of salary and current salary within a maximum period of
sixty days from the date of receipt/production of a copy of the
order, failing which, the petitioner shall be entitled to payment
of interest @ 9 % from the date of accrual to the date of actual
payment. It has also been observed in the said order that in the
event, the respondents deny the salary; they are obliged to
assign reason after opportunity of hearing to the petitioner.
4. Learned counsel appearing for Bihar State Hydro
Electric Power Corporation Ltd. submits that the relief sought
for in C.W.J.C. No. 7170 of 2020 and in the present writ petition
Patna High Court CWJC No.3813 of 2022(4) dt.12-01-2026
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are different. Therefore, the same observation made in that writ
petition may not be allowed in this writ petition.
5. In the light of the submissions made, the petitioners
are hereby directed to file a fresh representation before the
Managing Director, Bihar Hydro Electric Power Corporation
Limited Sone Bhawan, 2nd floor, Birchand Patel Marg, Patna
(Respondent no.4) who shall consider the same. If, it has been
found that there is a dues of salary part then it shall be paid to
the petitioners within 60 days as observed in the writ petition
mentioned above. But, so far as other arrears are concerned, the
respondent no.4 is directed to pass a reasoned and speaking
order within the said period.
6. Accordingly, with the aforesaid direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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