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Patna High Court

Lutan UpadhyayversusBihar State Power Holding Company

Decided
Disposal
DISPOSED

Holding

The Court directed the Chairman‑cum‑Managing Director to pass a reasoned order within 90 days and to grant the same relief to the petitioners if they are found to be similarly situated as the other drivers.

Summary

The petitioners, retired drivers of the Bihar State Power Holding Company, filed a writ petition seeking a mandamus directing the respondents to implement earlier High Court and Supreme Court orders that granted revised pay scales to similarly situated drivers. They alleged that despite representations, the respondents had only extended the benefits to 44 drivers under a 2018 memo and to 20 drivers under a 2021 order, excluding the petitioners. The petitioners argued this constituted discrimination and a violation of the earlier judgments. The respondents contended that a direction to dispose of the pending representation would suffice. The Court ordered the Chairman‑cum‑Managing Director to pass a reasoned order on the petitioners' representation within 90 days, referencing the Bihar State Litigation Policy, and indicated that if the petitioners are found to be similarly situated, they should receive the same relief. Consequently, the writ petition was disposed of after the direction.

Issues considered

  • Whether the respondents' failure to extend the revised pay scale benefits to the petitioners violates the earlier High Court and Supreme Court orders.
  • Whether a writ of mandamus can be issued directing the respondents to pass a reasoned order on the petitioners' representation within a specified time.
  • Whether the petitioners are entitled to the same pay scale benefits as other similarly situated drivers.

Subjects

  • writ of mandamus
  • pay scale revision
  • government employees
  • discrimination
  • Bihar State Power Holding Company
  • implementation of judgment
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8457 of 2025
                 ======================================================
           1.     Lutan Upadhyay Son of Late Dhupan Upadhyay Resident of village- Katar,
                  P.O- Danara, P.S.- Bikram, District-Patna (Retired as Driver on 31.10.2006
                  from Electric Supply Division, Bihta, District- Patna).
           2.    Asha Devi Widow of Late Rajendra Upadhyay Resident of village- Katar,
                 P.O- Karnaza, P.S.- Bikram, District- Patna (Her husband retired as Driver
                 on 31.12.1990 from Electric Supply Division, Bihta, District- Patna and died
                 on 19.07.2020)

                                                                       ... ... Petitioner/s
                                                Versus
           1.    Bihar State Power Holding Company Vidhut Bhawan, Bailey Road, Patna
           2.    The Chairman-cum-Managing Director the Bihar State Power Holding
                 Company, Vidyut Bhawan, Bailey Road, Patna.
           3.    The General manager (H.R and Adm.) Bihar State Power Holding Company,
                 Vidyut Bhawan, Bailey Road, Patna.
           4.    The Executive Engineer Electric Supply Division, Bihta, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Natraj Verma,Advocate
                 For the Respondent/s   :      Mr.Vivek Prasad,Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioners and learned

                   counsel for the Bihar State Power Holding Company Limited.

                               2. The present writ petition has been filed for the

                   following directions :-

                                             “i) For issuance of an appropriate writ in the
                                   nature of Mandamus seeking direction to respondents
                                   to implement the Judgement/ order passed by Hon'ble
                                   High Court in which has been affirmed in LPA No.
                                   1375 of 2013 by this Hon'ble court vide order dated
                                   12.7.2017 and also in S.L.P. No. (Civil) No. 9343 of
                                   2018 by the Hon'ble Supreme Court vide order dated
Patna High Court CWJC No.8457 of 2025(2) dt.18-04-2026
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                          1.5.2018 with respect to the Petitioners also who was/is
                          similarly situated vehicle drivers, but by Memo No.
                          960 dated 27.08.2018 and office order No. 59 dated
                          15.01.2021 Judgement/order have been implemented
                          upon 44 vehicle drivers and 20 (twenty) vehicle drivers
                          only leaving Petitioners who is also entitled for grant
                          of same benefit.
                                       ii) For issuance of appropriate writ in the
                          nature of mandamus seeking direction to respondents
                          to grant the benefit of pay Scale of Rs. 725-1115 with
                          effect from 01.04.1983 and Rs. 1400-2450 w.e.f.
                          01.01.1986 respectively alongwith all consequential
                          revised pay scale as such benefit have been provided to
                          44 similarly situated persons in view of order passed in
                          C.W.J.C. No. 4 of 2006, twenty persons in C.W.J.C.
                          No. 1102 of 2019 but the Petitioners has not been
                          granted such benefit and thus discriminated from
                          others persons who had granted such benefits.
                                       iii) For issuance of any other relief reliefs as
                          your Lordships may deem fit and proper for ends of
                          justice.”


                        3. Learned counsel for the petitioners submits that

           the petitioners have filed their representation, as annexed in

           Annexure-9 to the writ petition; however, no decision has been

           taken by the respondent authorities to date. Consequently, the

           petitioners have no option but to approach this Hon'ble Court.

           Learned counsel further submits that the respondent authorities

           are not granting the relief sought by the petitioners without an
            Patna High Court CWJC No.8457 of 2025(2) dt.18-04-2026
                                                        3/3




                       order from this Court.

                                    4. Learned counsel for the Bihar State Power

                       Holding Company Limited submits that a direction may be

                       issued for disposal of the pending representation of the

                       petitioners, if any, in accordance with law.

                                    5. In light of the submissions made, it is ordered that

                       the respondent, Chairman-cum-Managing Director, Bihar State

                       Power Holding Company Limited, shall pass a reasoned and

                       speaking order on the petitioners' representation within 90 days

                       from the date of receipt/production of a copy of this order, in

                       light of Clause 4C of the Bihar State Litigation Policy, 2011

                       and considering the fact that the relief has been granted to the

                       other similarly situated persons. If it is found that the case of

                       the petitioners is covered as like that of others whose names are

                       mentioned in the counter affidavit itself then the same relief be

                       granted to the petitioners also.

                                  6. With the aforesaid observation and directions, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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