Patna High Court
Hemchandra ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed as it is barred by inordinate delay and laches, making it untenable for writ jurisdiction.
Summary
The petitioner, Hemchandra Thakur, a former In‑charge Head Clerk appointed in 1976 and retired in 2012, filed a writ petition seeking fixation of his pay in the Rs 5,000‑8,000 scale from August 1996 and payment of arrears up to July 2012. He claimed that a 1999 memorandum had granted such pay revision to Head Clerks, but the benefits were never extended to him. The State argued that he had already received pay enhancements under the First and Second ACPs and that he was never substantively promoted to Head Clerk, rendering his claim untenable. The court noted that the petitioner made his representation only in 2017, long after retirement, and filed the writ in 2024, resulting in a delay of about 34‑35 years. Relying on the principles of laches and the need for prompt assertion of rights, the court held that the petition suffered from gross delay and could not be entertained. Consequently, the writ petition was dismissed.
Issues considered
- Whether the petitioner is entitled to fixation of pay in the Rs 5,000‑8,000 scale with effect from 01‑08‑1996.
- Whether the petitioner is entitled to arrears of salary from 01‑08‑1996 to 31‑07‑2012.
- Whether the petition is barred by delay and laches.
Subjects
- pay fixation
- arrears of salary
- writ petition
- delay
- laches
- state employee promotion
- pay revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8753 of 2024
======================================================
Hemchandra Thakur son of Late Mukhteshwar Thakur Resident of Ward no.
3, Kaithinia, P.O.- Kaithinia, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna, Government of Bihar.
3. The Principal Secretary, Finance Department, Government of Bihar, Patna.
4. The Commissioner, Darbhanga Division, Darbhanga.
5. The District Magistrate, Madhubani.
6. The Additional District Magistrate, Establishment, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Jha, Advocate
For the Respondent/s : Mrs. Shally Kumari, AC to SC-24
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 12-02-2026
Heard learned counsel for the petitioner and learned
counsel for the State
2. The present writ petition has been filed for the
following relief/s:
“(i) ……. for directing the respondent
authorities to fix the pay of the petitioner in the pay-
scale Rs.5000-8000 with effect from 01.08.1996.
(ii) For issuance of order, direction or with
of mandamus or any other appropriate writ for
directing the respondent authorities to pay the arrears
Patna High Court CWJC No.8753 of 2024 dt.12-02-2026
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of salary to the petitioner from 01.08.1996 to
31.07.2012.
(iii) For any other order, orders, or
directions which your lordship may deem fit and
proper in the interest of equity, justice, and good
conscience.”
3. Learned counsel for the petitioner submits that the
petitioner was appointed on 21.09.1976 and superannuated on
31.07.2012 from the post of In-charge Head Clerk. It is further
submitted that the pay scales of State Government employees
were revised to bring them at par with Central Government
employees with effect from 01.01.1996, though the financial
benefits were made payable from 01.04.1997. Learned counsel
submits that the petitioner was granted the benefit of pay
revision with effect from 01.08.1996.
4. Learned counsel further submits that vide Memo
No. 868 dated 12.11.1999, the petitioner along with other Head
Clerks of the district was granted the pay scale of Rs. 5,000–
8,000. It is submitted that the employees concerned had
represented before Respondent No. 4, pursuant to which
Respondent No. 4 directed Respondent No. 5 to obtain approval
of the need-based posts of Head Clerk from the Finance
Department. However, despite such direction, the consequential
benefits were not extended to the petitioner. The petitioner
Patna High Court CWJC No.8753 of 2024 dt.12-02-2026
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thereafter retired in the year 2012.
5. Learned counsel appearing for the State, on the
other hand, raises a preliminary objection and submits that the
petitioner, who was appointed on 21.09.1976, has already been
granted the benefit of enhancement of pay scale under the First
ACP with effect from 09.09.1999 upon completion of 24 years
of service. It is further submitted that the Second ACP was also
granted with effect from 21.09.2000. Learned counsel for the
State contends that the petitioner was never substantively
promoted to the post of Head Clerk by the competent authority,
and therefore, the claim for fixation of pay scale equivalent to
that of a regularly promoted Head Clerk with effect from
01.08.1996, along with payment of alleged outstanding dues, is
legally unsustainable.
6. Upon consideration of the rival submissions, it
transpires that the admitted position is that the petitioner joined
service on 21.09.1976 and superannuated on 31.07.2012. The
petitioner is stated to have made a representation only in the
year 2017, i.e., after about five years of retirement, and the
present writ petition has been filed in the year 2024. In crux the
cause of action for the petitioner has developed in 1999 but he
moved before the Court in 2024 i.e. delay of about 34-35 years.
Patna High Court CWJC No.8753 of 2024 dt.12-02-2026
4/4
The writ petition, therefore, suffers from gross delay and laches.
Such inordinate and unexplained delay cannot be entertained in
exercise of writ jurisdiction
7. As such, the present writ petition stands dismissed.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 25/02/2026
Transmission Date NA
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