Patna High Court
Brij Mohan SinghversusThe Bihar State Tourism Development Corporation Limited
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court directed the Managing Director of the Bihar State Tourism Development Corporation to consider the petitioners' representations and pass a reasoned order within 90 days, without deciding the substantive entitlement.
Summary
Four individuals employed by the Bihar State Tourism Development Corporation filed a writ petition seeking to be placed on the regular pay scale and allowances, contending that similarly situated employees had been granted such benefits in earlier orders. They submitted representations to the Managing Director, but no order was issued. The corporation argued that the petitioners were only entitled to remuneration permissible under law and suggested a direction for a timely order on the representations. The High Court, without adjudicating the substantive claim, directed the Managing Director to consider the representations and issue a reasoned order within 90 days. Consequently, the writ petition was disposed of following the court's directive.
Issues considered
- Whether the petitioners are entitled to the regular scale of pay and allowances as granted to similarly situated employees.
- Whether the court can direct the corporation to pass a reasoned order on the petitioners' representations within a specified time.
Subjects
- writ petition
- regular pay scale
- allowances
- administrative direction
- Bihar State Tourism Development Corporation
- employment benefits
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.733 of 2026
======================================================
1. Brij Mohan Singh Son of Late Kishun Singh, resident of Village-Amarpura,
P.O. Belauri, P.S. Mohaniya, District-Kaimur, PIN-821109.
2. Pramod Kumar Sinha, Son of Late Madan Gopal Prasad, resident of Mohalla
Uttari Nawada, near Shanti Bhawan, P.S. Nawada, District-Bhojpur, PIN-
802301.
3. Mukesh Kumar, Son of Late Dinesh Prasad Yadav, resident of Ward No. 03,
Village and P.O. Barsam, P.S. Saur Bazar, District-Saharsa, PIN-852221.
4. Sanjay Kumar, S/o Sri Priyabrat Narayan Yadav, resident of Ward No. 25,
Bhirkhi (South), Sukhasan Road, Town and P.S. Madhepura, District-
Madhepura, PIN-852113.
... ... Petitioner/s
Versus
1. The Bihar State Tourism Development Corporation Limited Beerchand Patel
Path (R. Block), Patna through its Managing Director.
2. The Managing Director, Bihar State Tourism Development Corporation
Limited, Beerchand Patel Path (R. Block), Patna-800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Mayanand Jha, Sr. Advocate
Mr. Girdhar Gopal Tiwari, Advocate
For the Respondent/s : Mr. Anukriti Jaipuriyar, Advocate
Mr. Rajanikant Kr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-02-2026 Heard learned Senior counsel Mr. Dr. Mayanand Jha
assisted by Mr. Girdhar Gopal Tiwari, Advocate for the
petitioners and learned counsel Mr. Anukriti Jaipuriyar assisted
by Mr. Rajanikant Kr., Advocate for the Bihar State Tourism
Development Corporation.
2. The present writ petition has been filed for issuance
of an appropriate writ/order/direction, commanding the
Respondents to grant regular scale of pay and allowances to the
Patna High Court CWJC No.733 of 2026(2) dt.02-02-2026
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petitioners with all consequential benefits in the manner it has
been granted to identically situated persons like Jitendra Kumar,
Accounts Assistant and Ajay Kumar Kashyap, Typist cum Clerk
(in compliance of the orders passed by this Hon’ble Court in
C.W.J.C No. 5822/1997 and C.W.J.C. No. 1939/2022) vide
office order dated 01.08.2018 and 20.05.2025 with retrospective
effect.
3. Learned Senior counsel for the petitioners submit
that the petitioners have filed their representations before the
M.D., Bihar State Tourism Development Corporation which is
annexed as Annexure-P/11 series, but no order has been passed
as yet.
4. Learned counsel appearing for Bihar State Tourism
Development Corporation submits that a direction may be given
to the concerned authority so that the order may be passed on
the petitioners’ representations (Annexure-P/11 series), within a
fixed period of time. Counsel submits that the petitioners are
entitled only for their remuneration which is permissible under
law.
5. As such, this Court without entering into the merits
or demerits of the case hereby directs the Managing Director,
Bihar State Tourism Development Corporation (Respondent
Patna High Court CWJC No.733 of 2026(2) dt.02-02-2026
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no.2) to consider the petitioners’ representations (Annexure-
P/11 series) and pass a reasoned and speaking order in
accordance with law within 90 days from the date of production
of a copy of this order.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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