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Patna High Court

Rakesh RoshanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed; the petitioner must file a fresh representation before the Managing Director of BSTDC, after which the respondent must decide within 90 days.

Summary

The petitioner, Rakesh Roshan, a long‑serving employee of the Bihar State Tourism Development Corporation (BSTDC), filed a writ petition seeking mandatory regularisation, seniority, pay parity and related service benefits under various provisions of law and prior judgments. He relied on a Supreme Court decision in Bhola Nath v. State of Jharkhand and on earlier Patna High Court orders (CWJC No. 1939 of 2022 and LPA No. 1085 of 2024) that granted similar relief to other employees. The respondents argued that the petition did not specifically invoke the earlier cases and that the relief sought could not be granted without a fresh representation before the competent authority. The Court held that the petitioner must first file a fresh representation before the Managing Director of BSTDC and that the respondent must decide it within 90 days. Consequently, the writ petition was disposed of without granting the relief sought.

Issues considered

  • Whether the petitioner is entitled to mandatory regularisation and service benefits by way of a writ of mandamus.
  • Whether the petition properly invokes the precedent of CWJC No. 1939 of 2022 and LPA No. 1085 of 2024.
  • Whether the Court can grant the relief without a fresh representation before the competent authority.

Subjects

  • regularisation
  • mandamus
  • service benefits
  • equal pay
  • parity
  • writ petition
  • administrative law
  • representation

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.6801 of 2026
     ======================================================
     Rakesh Roshan Son of Shri Shiv Nath Shahi, Resident of G-24 Prem Nikunj,
     Road No 02, Vijay Nagar, Hanuman Nagar, PS.- Patrakarnagar, District -
     Patna.

                                                                ... ... Petitioner/s
                                      Versus

1.   The State of Bihar through the chief Secretary, Government of Bihar, Old
     Secretariat, Patna.
2.   The Secretary, Department of Tourism, Government of Bihar, Old
     Secretariat, Patna.
3.   The Chairman, Bihar State Tourism Development Corporation Ltd.,
     Beerchand Patel Path, Patna.
4.   The Managing Director, Bihar State Tourism Development Corporation
     Limited, Beerchand Patel Path, Patna.
5.   The General Manager, Bihar State Tourism Development Corporation
     Limited, Patna, Bihar.
6.   The Deputy General Manager (Finance and Accounts), Bihar State Tourism
     Development Corporation Limited, Patna, Bihar.
7.   The Manager (Administration), Bihar State Tourism Development
     Corporation Limited, Patna, Bihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :    Mr.Amit Pandey, Advocate
     For the State          :    Ms, Binita Singh, SC-28
     Fro BSTDC              :    Ms. Anukriti Jaipuriar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                ORAL JUDGMENT

      Date : 04-05-2026
               Heard counsel for the petitioner, learned counsel for

      the State and learned counsel for the Bihar State Tourism

      Development Corporation.

                   2. The present writ petition has been filed for the

      following relief/s :-
Patna High Court CWJC No.6801 of 2026 dt.04-05-2026
                                           2/4




                                        “(i) For issuance of an order (s) /
                            direction (s) or writ(s) in the nature of Mandamus
                            commanding the Respondents to regularize/absorb
                            the services of the Petitioner against a sanctioned
                            vacant post, in view of his continuous, uninterrupted
                            service of more than 21 years pursuant to a valid
                            selection process, and in light of the law laid down
                            by the Hon’ble Supreme Court in Bhola Nath vs
                            State of Jharkhand (2026); And/or
                                        (ii) For issuance of an order (s) /direction
                            (s) or writ(s) in the nature of Mandamus directing
                            the Respondents to grant the Petitioner continuity of
                            service with effect from his initial engagement,
                            along with all consequential service benefits
                            including seniority, increments, retiral benefits and
                            all attendant advantages. And/or
                                        (iii) For issuance of an appropriate writ,
                            order or direction directing the respondents to grant
                            petitioner proper pay scale of $9300-34800 with
                            Grade Pay $5400/-, along with arrears, on the
                            principle     of     “equal   pay   for   equal   work”,
                            particularly in view of Memo No. 92/16 dated
                            25.04.2016 wherein the Petitioner has already been
                            recognized at Serial No. 75. And/or;
                                        (iv) For issuance of an appropriate writ,
                            order or direction directing the respondents
                            directing the Respondents to extend to the Petitioner
                            the benefit of parity with similarly situated
                            employees, including those who have been granted
                            relief vide Memo No. 86/18 dated 03.07.2018 and
                            Office Order No. 170/25 dated 20.05.2025, and not
                            to discriminate against the Petitioner; And/or
Patna High Court CWJC No.6801 of 2026 dt.04-05-2026
                                           3/4




                                        (v) A direction be issued upon the
                            respondent authorities, each on of them, their
                            servants and/or subordinates and/or agents to
                            forthwith produce and/or caused to be produced the
                            entire records relating to the Petitioner’s case and
                            on     such     production    being    made,     render
                            conscionable justice upon perusing the same;
                            And/or
                                        (vi) For issuance of any further order (s) /
                            direction (s) or writ(s) which this Hon’ble Court
                            may deem fit and proper in the facts and
                            circumstances of the instant case.”


                     3. Learned counsel for the petitioner submits that for

         redressal of his grievance, the petitioner had earlier filed a

         representation before the Managing Director, Bihar State

         Tourism Development Corporation Limited. It is contended that

         similarly situated persons have already been granted relief by

         this Hon’ble Court in CWJC No. 1939 of 2022, which has

         subsequently been affirmed in LPA No. 1085 of 2024. Learned

         counsel further submits that the case of the present petitioner is

         squarely covered by the aforesaid decisions, and on that basis,

         he is entitled to the same relief in the present writ petition.

                     4. Learned counsel for the respondents, however,

         opposes the submission and contends that no such specific

         prayer seeking parity with CWJC No. 1939 of 2022 and LPA
             Patna High Court CWJC No.6801 of 2026 dt.04-05-2026
                                                        4/4




                      No. 1085 of 2024 has been made in the writ petition. It is

                      submitted that the petitioner has instead relied upon the case of

                      Bhola Nath vs. State of Jharkhand 2026 (0) INSC 99, and

                      therefore, the relief now being sought cannot be granted in the

                      absence of an appropriate pleading. It is further submitted that

                      the petitioner may be directed to file a fresh representation

                      before the competent authority for redressal of his grievance.

                                  5. In the aforesaid background, the petitioner is

                      directed to file a fresh representation before respondent No. 4,

                      namely,      The     Managing        Director,   Bihar   State Tourism

                      Development Corporation Limited, along with a copy of this

                      order, within 30 days from today. Upon receipt of the

                      representation, the respondent No.4, is directed to take a

                      decision on the said representation within 90 days from the date

                      of its filing, with a reasoned and speaking order.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          05.05.2026
Transmission Date       NA


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