Patna High Court
Rakesh RoshanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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