Patna High Court
Anil Kumar KarakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that the petitioner is entitled to the arrears as accepted in the supplementary counter affidavit and directed the respondents to pay within 90 days.
Summary
The petitioner, Anil Kumar Karak, filed a writ petition challenging the non-payment of arrears after his pay scale was revised as per a supplementary counter affidavit filed by the respondents. The petitioner argued that despite the revision, the arrears due to him had not been paid. The court examined the annexures attached to the petition and noted that the grievance had been settled in the supplementary counter affidavit. It directed the respondents to ensure payment of the arrears within 90 days from the date the petitioner makes a representation before the concerned authority. Consequently, the writ petition was disposed of with the payment direction.
Issues considered
- What is the entitlement of the petitioner to arrears of salary following the revision of his pay scale as per the supplementary counter affidavit?
- Can the court direct the government respondents to make payment of the arrears within a specified time?
Subjects
- writ petition
- pay scale revision
- arrears of salary
- government employee
- civil writ jurisdiction
- payment direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.541 of 2024
======================================================
Anil Kumar Karak Son of Late Badri Narayan Karak Resident of Mohalla-
Bidyapati Nagar, Ward No.- 48, P.S.- Bahadurpur, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Finance,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
3. The Deputy Secretary, Department of Finance, Government of Bihar, Patna.
4. The District Magistrate, Darbhanga.
5. The Circle Officer, Alinagar, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Pratap, Advocate
Ms. Kumari Shalini, Advocate
For the State : Mr. Swapnil Kr. Singh (AC to GP-19)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 03-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner submits that in
view of order no.4 dated 10.07.2025, a supplementary counter
affidavit has been filed on behalf of respondent nos. 4 & 5 on
23.08.2025. Counsel submits that in light of the pleadings made
in supplementary counter affidavit, the grievance of the
petitioner has been settled and his pay scale has been revised as
per his wish. He further submits that the arrears of the payment
of the petitioner in the light of the pleadings made in the
supplementary counter affidavit has not been made. He submits
Patna High Court CWJC No.541 of 2024(5) dt.03-02-2026
2/2
that the writ petition may be disposed off granting a specified
period to the respondents to assure payment in accordance with
the pay scale fixed by the respondents.
3. In the light of the submissions made, it transpires
that Annexures- R/A, R/B & R/C have been attached in this
petition and in this regard, the grievance of the petitioner has
been settled. The respondents are directed to assure the payment
to the petitioner in the light of the entitlement accepted in the
supplementary counter affidavit, within 90 days from the date of
production of the representation by the petitioner before the
authority concerned.
4. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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