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Patna High Court

Anil Kumar KarakversusThe State of Bihar

Decided
Disposal
DISPOSED

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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