Patna High Court
Ashok KumarversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- RITESH KUMAR
Holding
The Court set aside the State's 06‑Apr‑2018 letter and directed the State to reconsider the petitioners' request for a fresh exercise of the pay‑fixation option in line with the Central Government's 12‑Dec‑2018 relaxation.
Summary
The petitioners, a group of Section Officers of the Patna High Court, sought a mandamus directing the Bihar Law and Finance Departments to allow them to re‑exercise the option for fixation of pay in the revised pay structure and to pay any arrears due. They argued that earlier resolutions (2017) granted them benefits in level‑9, but a later clarification (14‑Nov‑2017) and a subsequent Central Government letter (12‑Dec‑2018) permitted a one‑time relaxation allowing employees to revise their earlier option. The State Government, relying on a 06‑Apr‑2018 letter, refused any further opportunity, stating that the option once exercised was final. The Court examined the interplay between the State's directive and the Central Government's relaxation under the CCS (RP) Rules, 2016, and held that the State's letter was contrary to the Central Government's policy. Consequently, the Court set aside the 06‑Apr‑2018 letter and directed the State to reconsider the petitioners' request in accordance with the Central Government's relaxation, ordering a decision within eight weeks. The writ petition was thereafter disposed.
Issues considered
- Whether the Bihar State Government can lawfully deny a second opportunity to exercise the pay‑fixation option despite the Central Government's relaxation under the CCS (RP) Rules, 2016.
- Whether the State's 06‑Apr‑2018 letter directing that the option once exercised shall be final is valid in view of the Central Government's 12‑Dec‑2018 relaxation.
- Whether the petitioners are entitled to a writ of mandamus directing the State to consider their request afresh and decide within a specified period.
Subjects
- pay fixation
- option exercise
- revised pay structure
- CCS (RP) Rules 2016
- mandamus
- salary arrears
- Bihar State Government
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8470 of 2021
======================================================
1. Ashok Kumar son of Late Tapeshwar Sharma resident of Block No. 07, Flat
No. 01, High Court Colony, Adalatganj, P.O. - G.P.O., P.S. - Kotwali,
District- Patna, Pin Code - 800001.
2. Gopal Krishna Sinha son of Shri Binod Prasad Sinha resident of E/5, Old
Post Office Lane, P.O. - Chitragupta Nagar, P.S. - Patrakar Nagar, District-
Patna, Pin Code - 800020.
3. Manoj Bihari Singh son of Late Bipin Bihari Singh resident of C/17, High
Court Colony, P.O. - G.P.O., P.S. - Kotwali, District- Patna, Pin Code -
800001.
4. Subodh Kumar Sinha son of Late Triloki Nath Sinha resident of Flat No. -
B/504, New Mainpura Saguna More, P.S. - Rupaspur, District- Patna, Pin
Code - 801503.
5. Prakash Chandra Das son of Shri of Late Kedar Lal Das resident of Block
No. - 08, Flat No. 06, P.O. - G.P.O., P.S. - Kotwali, District- Patna, Pin Code
- 800001.
6. Sanjay Parkhee son of Late Krishna Deo Mishra resident of Flat No. 401,
Lakhandeo Enclave, Ashiana Digha Road P.O. - Dighgaht, P.S. Digha,
District- Patna, Pin Code - 800011.
7. Ajay Kumar Chaturvedi son of Shri Niwas Choubey resident of Adarsh
Vihar Colony, Behind Prashray Builders, Bailey Road, Rukanpura, P.O. -
B.V. college S.O., P.S. - Sheikhpura, District- Patna, Pin Code- 800014.
8. Pankaj Kumar Sinha son of Late Dhaneshwar Prasad resident of Awadhesh
Sadan, Near Mohanpur Devi Asthan, P.O. - Punaichak, P.S. - Shastri Nagar,
District- Patna, Pin Code - 800023.
9. Binay Ranjan son of Late Sheo Nandan Sahay resident of Sivangan, Mohan
Industries Road, Saristabad, P.O. - G.P.O., P.S. - District- Patna, Pin Code -
800001.
10. Rashmi Kumari daughter of Shri Hari Narayan Verma resident of A/49, P.C.
Colony, Lohiya Park, Sampatchak, P.O. - Lohiya Nagar, P.S. - Kankarbagh,
District- Patna, Pin Code - 800020.
11. Rishikesh Roy son of Late Ram Bilas Rai resident of H/No. 259, Vimal
Kunj, Near Forest Office, Nehru Nagar, P.O. and P.S. Patliputra, District-
Patna, Pin Code - 800013.
12. Meena Kumari daughter of Shri Permeshwar Dayal resident of Saket Bihar,
Mitra Mandal Colony, P.O. and P.S. - Anisabad, District- Patna, Pin Code -
800002.
13. Madan Mohan Sinha son of Late Ram Naresh Singh resident of Block No. -
02, Flat No. - 03, High Court Colony, P.O. - G.P.O., P.S. - Kotwali, District-
Patna, Pin Code - 800001.
14. Ashok Kumar son of Late Lalchand Ram resident of Raja Bazar,
Samanpura, Behind Magadh Vishwkarma Palace, Madarsha Gali,
Rukanpura, P.O. - B.V. College, S.O., District- Patna, Pin Code - 8000014.
15. Sakal Deo Pandit son of Late Lakshman Pandit, resident of House No. -
Patna High Court CWJC No.8470 of 2021 dt.27-02-2026
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C/18, Adalatganj Colony, P.O. - G.P.O., P.S. - Kotwali, District- Patna-
Patna, Pin Code - 800001.
16. Vinod Kumar son of Shri Sheo Nath Singh resident of Block No. - 13, Flat
No. 06, High Court Quarters, In front of Inter Council, P.O. - G.P.O., P.S. -
Kotwali, District- Patna, Pin Code - 800001.
17. Ruma Roy wife of Shri Sugato Roy resident of 28 A North S.K. Puri,
Kasturba Path, P.O. - P.S. - S.K. Puri, District- Patna, Pin Code- 800013.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Law Department, Bihar,
Patna.
2. Principal Secretary, Finance Department, Bihar, Patna.
3. Registrar General Patna High Court, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Sr. Advocate
: Mr. Akshat Kumar, Advocate
: Md. Tauseef Waquar, Advocate
For the Respondent nos.1 & 2 : Mr. Parijat Saurav, AC to AAG-13
For the Respondent No.3 : Mr. Ashhar Mustafa, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 27-02-2026
Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
(i) Issuance of a direction, order or writ,
including writ in the nature of
mandamus commanding the
concerned respondent authorities
under the Law Department and the
Finance Department of the State
Government to allow the petitioners to
exercise option for fixation of pay in
the revised pay structure after
extension of benefits of salary in level-
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11 in furtherance of a resolution dated
05/10/2018 bearing memo no. 7448
issued from the Finance Department
of the State Government;
(ii) Issuance of a direction, order or writ,
including writ in the nature of
mandamus commanding the
concerned respondent authorities to
take steps towards making payment of
the arrears of salary and other
benefits that the petitioners may be
found to be entitled to upon exercise
of option for fixation of pay in the
revised pay structure in furtherance of
the resolution dated 05/10/2018
bearing memo no. 7448 issued from
the Finance Department of the State
Government;
3. The learned senior counsel for the petitioners
submits that on the basis of selection in the competitive
examination, conducted by the concerned authorities, the
petitioners were initially appointed against the post of Assistants
in the establishment of Patna High Court and subsequently, on
the basis of fulfillment of all the requirements, they were
granted promotions against the substantive posts of Section
Officers on or after 01.01.2016. Prior to that vide resolution
dated 21.01.2010 issued by the Finance Department, the
provision with respect to revision of pay scales of the State
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Government employees w.e.f. 01.01.2006 and amongst other
persons, the petitioners also became entitled for revision of their
salaries, in furtherance of the recommendations contained in
Resolution dated 21.01.2010. Subsequently, vide resolution
dated 14.07.2010 issued by the Finance Department, in terms of
recommendations made by the 6th Pay Revision Commission,
the Modified Assured Career Progression (MACP) Scheme was
implemented w.e.f. 01.01.2009. The petitioners were also
extended the benefit of 2nd financial progression under the
MACP Scheme, upon completion of 20 years of regular service
and their salaries were fixed in the Pay Band-2 with grade pay
of Rs.5400/-.
4. The learned senior counsel for the petitioners
submits that while the petitioners were discharging their duties
as Section Officers, the State Government came out with a
resolution dated 24.05.2017, by which it was decided to extend
the benefit of revision of pay scale/structure in favour of
employees of the State Government w.e.f. 01.01.2016. In
paragraph no.9 of the resolution dated 24.05.2017, dates of the
next increments and revised pay structure were prescribed,
according to which, two dates for grant of increments were to be
there i.e. 1st January and 1st July of each year, instead of existing
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date of 1st July of each year. In view of the resolution dated
24.05.2017, the petitioners were also granted the benefits of
revision of their salaries in level-9, which is the replacement pay
level to be implemented w.e.f. 01.01.2016, in view of the fact
that the petitioners were already extended the benefits of 2 nd
financial progression under the MACP Scheme leading to
fixation of their salaries in Pay Band-2 with grade pay of Rs.
5400/-
5. The learned senior counsel for the petitioners
further submits that the petitioners were getting their salaries in
level-9, which was the replacement for grade pay of Rs. 5400/-,
which was granted to the petitioners upon grant of benefits of
2nd financial progression under the Assured Career Progression
(ACP) Scheme, but the State Government came out with a
resolution dated 14.11.2017, clarifying the mode of giving
revision/replacement scale of financial progression, granted
earlier to the Assistants/Section Officers under the Bihar
Secretariat Service, upon implementation of the revised pay
scale w.e.f. 01.01.2016. Clause 4(v) of the Resolution dated
14.11.2017 clarified that Sections Officers who were extended
the benefits in upgradation upon completion of 20 years of
regular service in Pay Band-2 with grade pay of Rs. 5400/- prior
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to 01.01.2016, would be extended the benefits of revision of
their salaries in level-11 w.e.f. 01.01.2016, but there was no
clarification with regard to exercising option by such persons
who had already exercised their options in view of Resolution
dated 24.05.2017.
6. The learned senior counsel for the petitioners
further submits that in view of difficulties being faced by the
petitioners, they submitted a representation before the Registrar
General of this Court and the Registrar General vide his letter
no. 14114 dated 21.02.2018, addressed to the Secretary to the
Government, Law (Judicial) Department, Bihar, Patna requested
that clarification be taken/obtained from the 3A Section of the
Finance Department, Government of Bihar, for allowing the
Section Officers, list of which was submitted along with the
letter, to file revised option for fixation of their pay in the
revised pay level in the 7th pay revision, under the changed
circumstances, in view of letter no. 8891/F dated 14.11.2017
issued by the Finance Department. In response thereto vide
letter no. 3064 dated 06.04.2018 issued under the signature of
the Special Secretary to the Government, Department of Law,
Government of Bihar, Patna, addressed to the Registrar
(Establishment), Patna High Court, Patna it was informed that in
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view of letter no. 3651 dated 25.05.2017, the options were to be
exercised before 30.07.2017 and it was presumed that those who
did not exercised their option they have chosen 01.01.2016 as
the date of revision and the options once exercised shall be last
and final. It was further clarified that no opportunity will be
granted to exercise the option again. The petitioners filed a
detailed representation before the Registrar (Establishment),
Patna High Court on 23.05.2018, with a request to allow them to
give option, since they are suffering financial loss. The
representation of the petitioners was forwarded by the Registrar
(Establishment), Patna High Court to the Law Department for
necessary action. However, vide Letter no. 8615 dated
12.10.2018 issued under the signature of the Secretary to the
Government, Law Department, Government of Bihar, Patna, the
representation filed by the petitioners was rejected.
7. The learned senior counsel for the petitioners
further submits that vide letter no. 4-13/17-IC/E-IIIA dated
12.12.2018 issued under the signature of the Director,
Department of Expenditure, Ministry of Finance, Government
of India, it has been clarified that in view of Rule 6(4) of the
CCS (RP) Rules, 2016, it has been provided that option once
exercised shall be final, but in view of the request made by the
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employees to give another opportunity to re-exercise their
option. In view of certain hardships caused to the certain
employees, the matter was considered and the President has
decided that in relaxation of the stipulation contained in Rule
6(4) of the CCS (RP) Rules, 2016, the Central Government
employees, who have already exercised their options to come
over to the revised pay structure as notified by CCS (RP), 2016
shall be permitted another opportunity to revise their initial
options in terms of Rules 5 & 6 thereof. The revised option shall
be exercised within a period of three months from the date of
issuance of these orders. The option once exercised in terms of
these orders shall be final and shall not be liable to any further
change under any circumstances.
8. Learned senior counsel for the petitioners further
submits that in view of letter dated 12.12.2018 of the Central
Government, the options were exercised by the employees of
the Central Government and they were provided with the said
benefits in terms of the letter dated 12.12.2018, therefore, the
petitioners may be allowed to said benefit for exercising their
option afresh in view of letter dated 12.12.2018 of the Central
Government.
9. Per contra, the learned counsel for the State
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respondents submits that the State Government has already
taken a decision to not permit any of the employees to exercise
second option and in case of the employees of this Court, the
same has been communicated vide letter no. 3064 dated
06.04.2018, therefore there is no question of giving the benefit
of exercising the option again. The petitioners were given
liberty to exercise their options, which they availed and now
there is no provision to give any relaxation to any of the
employees.
10. The learned counsel for the respondent no. 3
submits that the Registrar General of this Court has already
requested the State Government and recommended the case of
the petitioners vide his letter dated 21.02.2018, but the State
Government has refused to do so the same.
11. After having heard the learned counsel for the
parties and after going through the documents available on
record, this Court finds that the letter no. 8891/F dated
14.11.2017 was issued, clarifying certain conditions and prior to
that the options were already exercised by the employees before
31.07.2017, therefore the employees were not provided an
opportunity in terms of clarification issued by the Department in
letter dated 14.11.2017. Further, the Central Government vide
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letter dated 12.12.2018 relaxed the said provision of exercising
option for its employees for a period of three months and in
terms thereof, the employees of the Central Government
exercised their option and were accorded the benefits
accordingly.
12. In view thereof, the letter no. 3064 dated
06.04.2018 issued under the signature of the Special Secretary
to the Government, Department of Law, Government of Bihar,
Patna is hereby set aside. The respondent-State is directed to
consider the matter afresh in terms of the relaxation given by the
Central Government vide letter dated 12.12.2018. The
respondent authorities shall consider the matter afresh in terms
of Clause-3 of the letter dated 12.12.2018 of the Central
Government and then proceed to take the decision. The decision
must be taken within eight weeks from the date of
receipt/production of a copy of the order.
13. It is expected that the State Government will
take into consideration the letter dated 12.12.2018 of the Central
Government by which one time relaxation was given to the
employees of the Central Government and then pass appropriate
order, since the Central Government has also granted benefit to
its employees, which is being asked for by the petitioners, vide
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letter dated 12.12.2018.
14. The writ petition is disposed of in the
aforementioned terms.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE NA
Uploading Date 16.03.2026
Transmission Date NA
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