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Patna High Court

Sushil Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as it is barred by delay and laches.

Summary

The petitioner, a former stenographer of the Patna District Civil Court, filed a writ petition seeking payment of Pay Band‑3 Grade Pay Rs.5,400, claiming entitlement from 13 April 2012. He retired in July 2016 and alleged that successive orders had granted him higher pay scales, but the payments were not made. The respondents objected on the ground of inordinate delay, noting that the petition was filed more than 12 years after the claimed entitlement and 14 years after the cause of action arose. The petitioner argued that his representations to the authorities in 2012 and 2025 should extend the limitation period. The Court, relying on the Supreme Court’s decision in Surjeet Singh Sahni v. State of Uttar Pradesh, held that representation does not extend limitation and that the petition is barred by delay and laches. Consequently, the Court dismissed the writ application.

Issues considered

  • Whether the writ petition is barred by limitation and laches due to the delay in filing.
  • Whether the petitioner is entitled to Pay Band‑3 Grade Pay Rs.5,400 as a stenographer.
  • Whether representations made to the authorities extend the limitation period for filing a writ.

Subjects

  • limitation
  • laches
  • civil service pay
  • writ petition
  • pay band
  • grade pay
  • delay
  • representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4893 of 2026
                 ======================================================
                 Sushil Kumar Gupta, Son of Sri Chandra Bhan Prasad, Resident of Flat No.-
                 305 B, Shivam Enclave, Mohalla- West Boring Canal Road, Behind New
                 Aditya Vision, P.S.-Sri Krishna Puri, District-Patna (Bihar).
                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through The Chief Secretary, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Law Department, Govt. of Bihar, Patna.
           3.    The Additional Chief Secretary, Finance Department, Govt. of Bihar, Patna.
           4.    The Principle District and Sessions Judge, Patna.
           5.    Registrar -cum- Judge in Charge, Accounts Civil Court, Patna, Patna.
           6.    The District Accounts Officer, Patna.
           7.    The Accountant General (A and E), Bihar, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Ms. Asha Verma, Advocate
                                                 Mr. Manish Kumar, Advocate
                 For the State          :        Additional Advocate General-4
                 For the Acct. General :         Mr. Binod Kumar Labh, Advocate
                 For the Resp. Nos. 4&5 :        Mr. Piyush Lall, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the respondent nos.4 and 5.

                                2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                  “i) To grant and making appropriate
                                      payment by Pay-Band-3 Grade Pay Rs. 5,400/-
                                      to the ‘Stenographer’ under the Judgeship of
                                      District Civil Court, Patna for which petitioner
                                      is legally entitled in accordance with law.
                                                  ii) Further for issuance of a direction
                                      to the concerned Respondents to calculate and
                                      pay the entire dues amount from the date which
Patna High Court CWJC No.4893 of 2026(2) dt.02-04-2026
                                            2/3




                             is   legally    payable     to   the   petitioner   as
                             “Stenographer” of Patna Judgeship entitled in
                             comparison with the payments, which has been
                             made to the persons working in the capacity of
                             Clerk of Grader-I having Pay Band-3 Grade Pay
                             5400/- under the District Judge, Civil Court,
                             Patna
                                         iii) For grant to any other relief or
                             reliefs for which the petitioner is entitled to.”

                      3. The case of the petitioner in brief is that he was

          appointed on the post of Stenographer on 1.4.1980 and retired

          from service on 31.7.2016.

                      4. By order dated 13.6.2007, he got the 1st ACP with

          effect from 9.8.1989 as also the 2nd MACP with effect from

          1.8.2004. He further got the 3rd MACP by order dated 2.3.2012

          with effect from 1.4.2010.

                      5. Learned counsel for the petitioner submits that the

          petitioner should be given payment in Pay Band-3, Grade Pay

          5400/- to which he is legally entitled with effect from 13.4.2012.

                      6. At the outset, learned counsel appearing for the

          respondents raises an objection with respect to delay in filing of

          the writ application which has been filed more than 12 years

          from the date the petitioner claims his entitlement, on

          31.3.2026.

                      7. In response, it is submitted by learned counsel for
            Patna High Court CWJC No.4893 of 2026(2) dt.02-04-2026
                                                        3/3




                      the petitioner that the petitioner has regularly been representing

                      before the respondent authorities and in evidence thereof,

                      attention of the Court is brought to the represention dated

                      13.4.2012 (Annexure-P/1) as also dated 19.12.2025 (Annexure-

                      P/1A).

                                  8. The Hon’ble Supreme Court in the case of Surjeet

                      Singh Sahni vs. State of Uttar Pradesh & Ors.; (2022) 15

                      SCC 536 has held that representation does not extend the

                      limitation and the person affected has to approach the Court

                      within a reasonable time.

                                  9. In view of the facts and circumstances stated herein

                      above, the Court finds substance in the objection raised by the

                      respondents. The reliefs sought for in the writ application

                      having been moved 14 years after the cause of action arose and

                      almost more than a decade after the petitioner retired from

                      service, the application is fit to be dismissed on the ground of

                      delay and laches.

                                  10. The application is dismissed.



                                                       (Partha Sarthy, J)
avinash/-

U


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