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Patna High Court

Premchand RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the writ petition, holding that the grievance had already been adjudicated and a fresh petition could not be entertained.

Summary

Premchand Rai, a former senior mechanic, filed a writ petition seeking quashing of an order that denied his promotional benefits, a declaration of his retirement age, and direction to treat his promotion as effective from 1981. He alleged that the Road Construction Department had not granted him the financial benefits of his promotion despite earlier approvals. The State argued that his service record showed promotions and that he retired at age 58 in 2000, and that his grievance had already been considered in a 2023 writ. The Court observed that the cause of action arose in 2000 and had already been before it in 2023, making the present petition a second attempt to relitigate the same issues. Consequently, the Court dismissed the petition as it was not inclined to entertain a fresh writ on matters already decided.

Issues considered

  • What relief, if any, is available to the petitioner regarding the quashing of the 2024 office order denying his promotional benefits?
  • Whether the petitioner is entitled to a declaration that he retired at age 60 instead of 58.
  • Whether the Court should entertain a fresh writ petition when the same grievance was previously considered and disposed of in 2023.

Subjects

  • writ petition
  • promotion benefits
  • retirement age
  • administrative law
  • public service

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8537 of 2024
                 ======================================================
                 Premchand Rai Son of Late Ramashish Rai, Resident of village- Sahbajpur,
                 P.S.- Bihta, District- Patna- 800111.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar.
           2.    The Secretary, Road Construction Department, Bihar, Vishwasaraiya
                 Bhawan, Patna.
           3.    The Chief Engineer, (Mechanical) Mechanical Wing, Road Construction
                 Department, Bihar, Vishwasaraiya Bhawan, Patna.
           4.    The Engineer-in-chief-cum-Additional Secretary,        Road     Construction
                 Department, Bihar, Vishwasaraiya Bhawan, Patna.
           5.    The Superintending Engineer, Mechanical Circle, Road Construction
                 Department, Bihar, Vishwasaraiya Bhawan, Patna.
           6.    The Executive Engineer (Mechanical) Mechanical Division, Road
                 Construction Department, Bihar, Patna.
           7.    The Commissioner, Patna Division, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sunil Kumar Tiwary, Adv.
                 For the Respondent/s   :      Mr.Standing Counsel 21
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   03-02-2026                     Heard Learned Counsel for the petitioner and

                   Learned Counsel for the State.

                               2. Learned Counsel for the petitioner submits that the

                   present writ petition has been filed with the following reliefs:-

                                               i) For issuance of an appropriate writ
                                  (s),order(s) or direction commanding the Respondents-
                                  authorities and to quash the office order No.21 dated
                                  20.02.2024 Executive whereby the respondent- Engineer
                                  (Mechanical) Mechanical Division, Road Construction
                                  department Patna has turned down the claims of the
                                  Petitioner by communicated the aforesaid order, vide letter
Patna High Court CWJC No.8537 of 2024(2) dt.03-02-2026
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                          No. 105 dated 06.03.2024 to the counsel of the petitioner.
                                        (ii) To provide the Promotional Benefits which
                          was granted to the petitioner on the post of Senior
                          Mechanic Grade -II by quashing later part of the office
                          order No.18 as contained in Memo No.194 dated
                          03.02.1997 as it has been illustrated that except those
                          employees who already granted Ist & 2nd Time Bound
                          Promotion with financial benefits they will be not liable to
                          get financial benefits of Promotion by the Respondent Chief
                          Engineer,      (Mechanical)      Mechanical      Wing,   Road
                          Construction Department, Bihar, Vishwasaraiya Bhawan,
                          Patna which has been confirmed by subsequent Letter
                          No.794 dated 30.7.1999 addressed to all the Superintending
                          Engineers'       (Mechanical),       Executive      Engineers
                          (Mechanical)      Mechanical     Wing,   Road     Construction
                          Department, Bihar by the respondent Chief Engineer
                          (Mechanical), who by its order directed to all of them to
                          revise the Pay Scale and pay the same.
                                        (iii) Petitioner seeks declaration that on which
                          post, he retired at the age of 60 years and not at the age of
                          58 years as prevailed at his retirement with its difference
                          allowances.
                                        (iv) For direction to treat the Promotion of the
                          petitioner w.e.f. from 01.04. 1981 as it was due of that date
                          and not w.e.f. 01.04.1984 with difference allowances.
                      3. Counsel for the petitioner further submits that the

          petitioner had earlier moved before this Hon’ble court in

          C.W.J.C. No.7610 of 2023 in which vide order dated

          05.12.2023, liberty was granted to the petitioner to approach the

          respondent authorities for redressal of his subsisting grievances,

          if any. Thereafter, the petitioner has filed representation which
Patna High Court CWJC No.8537 of 2024(2) dt.03-02-2026
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          was disposed of dated 20.02.2024 by which his grievance was

          not settled and therefore, the petitioner has filed the present writ

          petition.

                      4. Counsel for the State, on the other hand, submits

          that at the time of passing order on his representation, every

          aspect has been discussed including that the petitioner was

          initially appointed on 21.04.1965 as a skilled helper on pay

          scale of Rs.184/- in Public Works Department, Government of

          Bihar and subsequently, he was promoted on Junior Mechanical

          Grade-II and then Senior Mechanic Grade-I vide letter No.194

          dated 03.02.1997. In this way, first and second time bound

          promotion was granted to him. It has also been submitted that

          the Establishment Committee had considered the petitioner’s

          case and his pay-scale was fixed in the Senior Mechanical

          Grade-II. He further submits that the petitioner was retired on

          31.05.2000 after completion of 58 years of his service.

                      5. Counsel for the State submits that after 2000, he

          has filed writ petition in 2023 after lapse of 23 years in which

          liberty was granted to him by this Hon’ble Court in C.W.J.C.

          No.7610 of 2023. After disposal of his writ petition, he has

          again filed the present writ petition before this Hon’ble Court.

                      6. It transpires to this Court that cause of action has
          Patna High Court CWJC No.8537 of 2024(2) dt.03-02-2026
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                    been developed to the petitioner in the year 2000 itself, which

                    was subsequently entertained by the Hon’ble court in the year

                    2023. Again, he has filed a fresh writ petition. As such, this

                    Court is not inclined to entertain the present writ petition and

                    hence, dismissed.

                                7. With the aforesaid directions and observations, the

                    present writ application stands dismissed.



                                                            (Dr. Anshuman, J)
Prakashmani/-

U


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