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Patna High Court

Srilal PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Chief Executive Officer, Zila Parishad, Siwan, to decide the petitioner’s representation within 90 days and dismissed the writ petition.

Summary

The petitioner, Srilal Prasad, filed a writ petition seeking a direction to the State of Bihar and the Siwan Zila Parishad to pay differential salary arrears and benefits under the 6th and 7th Pay Revision Committee recommendations, as well as ACP/MACP entitlements. He had earlier submitted a representation on 14‑08‑2023 to the Chief Executive Officer of the Zila Parishad, which remained unanswered. The State counsel requested the court to order a timely disposal of the representation, while the Zila Parishad sought additional time to file a counter‑affidavit. The Court held that allowing time for a counter‑affidavit would serve no useful purpose and instead directed the Chief Executive Officer to decide the representation within 90 days of receipt of the order. Consequently, the writ petition was disposed of.

Issues considered

  • What relief, if any, can the court grant to compel an administrative authority to decide a pending representation regarding salary arrears?
  • Whether the court should grant the Zila Parishad time to file a counter‑affidavit in a writ petition concerning administrative delay.

Subjects

  • writ petition
  • salary arrears
  • pay revision
  • representation
  • administrative delay
  • ACP
  • MACP
  • Zila Parishad

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5452 of 2025
                 ======================================================
                 Srilal Prasad Son of Sri Shiv Ratan, Resident of Village- Risaura, Post-
                 Risaura, Police Station- Maharajganj, District- Siwan.

                                                                  ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Urban
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate, Siwan.
           3.    The Deputy Development Commissioner-cum-Chief Execution Officer, Zila
                 Parisad, Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Raghav Prasad, Advocate
                 For the State           :      Mr. K. P. Gupta, GP-10
                                                Mrs. Deepanjali Gupta, AC to GP-10
                 For Zila Parishad       :      Mr. Dhananjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   10-03-2026                  Heard counsel appearing for the petitioner, learned

                   counsel appearing for the State and learned counsel appearing

                   for the Zila Parishad, Siwan.

                                2. The present writ petition has been filed seeking a

                   direction      to    the   respondents     to   pay    the    differential

                   amount/arrears of salary after granting the revised pay scale in

                   terms of the recommendations of the 6 th and 7th Pay Revision

                   Committees, as well as the benefits of ACP/MACP.

                                3. Learned counsel for the petitioner submits that the

                   petitioner has filed a representation dated 14.08.2023 (as

                   contained in Annexure P-3) before the Chief Executive Officer,
            Patna High Court CWJC No.5452 of 2025(3) dt.10-03-2026
                                                        2/2




                      Zila Parishad, Siwan, but till date no decision has been taken on

                      the said representation.

                                  4. Learned counsel for the State submits that a

                      direction may be issued for disposal of the petitioner’s

                      representation within a specified period.

                                  5. Learned counsel appearing on behalf of Zila

                      Parishad, Siwan submits that some time may be granted to file a

                      counter affidavit.

                                  6. This Court is of the opinion that granting time for

                      filing a counter affidavit shall not serve any useful purpose.

                                  7. In the aforesaid background, the Chief Executive

                      Officer, Zila Parishad, Siwan, is directed to take a decision on

                      the representation dated 14.08.2023 (as contained in Annexure

                      P-3) within a period of 90 days from the date of

                      receipt/production of a copy of this order.

                                  8. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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