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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the concerned authority to issue a reasoned order on the pending representation and disposed of the writ petition.

Summary

Petitioner Pappu Kumar, a government employee, filed a writ petition challenging a memo dated 07.11.2022 that absorbed him as a Clerk on a revised pay scale effective only from the date of absorption, not from his original appointment on 07.07.2000. He sought quashing of the order, retroactive seniority, and entitlement to the revised scale with all consequential benefits. The petitioner had submitted a representation on 09.04.2024 to the Director‑in‑Chief, Disease Control, which remained pending. The State counsel appeared and informed that no counter‑affidavit was filed and the representation was still pending. The Court directed the Director‑in‑Chief to pass a reasoned order on the pending representation within 90 days and disposed of the writ petition.

Issues considered

  • What is the appropriate date from which the petitioner’s seniority and revised pay scale should be calculated?
  • Whether the order dated 07.11.2022 can be quashed by the High Court in the absence of a reasoned order on the pending representation?

Subjects

  • writ petition
  • service matters
  • seniority
  • pay scale
  • government employee
  • administrative order
  • reasoned order
  • disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9018 of 2024
                 ======================================================
                 Pappu Kumar S/o Late Ramji Ram R/o Nand Nagar Colony, Saidpur, P.S.-
                 Bahadurpur, District-Patna

                                                                  ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Health
                 Department, Government of Bihar
           2.    The Additional Chief Secretary, Health Department, Government of Bihar.
           3.    The Principal Secretary of Finance Department Govt. pf Bihar.
           4.    The Director-in-Chief, Disease Control, Public Health and Para Medicals,
                 (Health Service), Bihar.
           5.    The Civil Surgeon Cum Chief Medical Officer, Patna.
           6.    The Additional Director-Cum-State Program Officer Vector Born Disease
                 Control Chief Malaria Officer Bihar Sultanganj Patna-800006 Govt. of
                 Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      None
                 For the State          :      Mr. Md. Zeeshan Kalim (AC to SC-20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-02-2026                   None appears on behalf of the petitioner, even after

                   repeated calls. However, learned counsel for the State is present.

                                 2. The present writ petition has been filed with the

                   following relief/s:-

                                        “I.   For   issuance     of    a   writ,     writ(s),
                                        order/orders for quashing the part of the order
                                        bearing memo no- 15792 dated 07.11.2022
                                        passed by the Civil Surgeon cum Chief
                                        Medical     Officer,    Patna      whereby      and
                                        whereunder the services of the petitioner has
                                        been absorbed on the post of Clerk in the pay
Patna High Court CWJC No.9018 of 2024(2) dt.23-02-2026
                                            2/3




                                scale    of       (3050-75-3950-80-4590)   revised
                                scale 5200-20200 (Grade Pay-1900) from the
                                date of joining on the absorbed post, instead
                                of the date of initial appointment i.e
                                07.07.2000.
                                II. For issuance of a writ, writ(s), order/orders
                                commanding the respondent authorities to
                                absorb the petitioner on the post of Clerk with
                                effect from date of his initial appointment i.e
                                07.07.2000 in the corresponding scale of
                                Clerk and grant him the benefit of revised
                                scale admissible to the post of clerk from time
                                to time with all consequential benefits.
                                III.    For        commanding    the    respondent
                                authorities to give the benefit of seniority in
                                the cadre of Clerk from the date of his initial
                                appointment          i.e   07.07.2000   with   all
                                consequential benefits.
                                IV. For issuance of any other writ(s), order(s),
                                or direction(s) as may be deemed fit and
                                proper by this Hon'ble Court.”



                      3. Upon perusal of the record, it transpires that the

          petitioner has filed his representation dated 09.04.2024 before

          the Director-in-Chief, Disease Control, Public Health and Para

          Medicals, (Health Service), Bihar (Respondent no.4), which is

          still pending.

                      4. Learned counsel for the State submits that the
             Patna High Court CWJC No.9018 of 2024(2) dt.23-02-2026
                                                         3/3




                       counter affidavit has not been filed in this case, but as per his

                       knowledge, petitioner’s representation is still pending before the

                       authority concerned.

                                   5. In this view of the matter, the Director-in-Chief,

                       Disease Control, Public Health and Para Medicals, (Health

                       Service), Bihar (Respondent no.4) is hereby directed to pass a

                       reasoned and speaking order on the petitioner’s representation

                       dated 09.04.2024, within 90 days from the date of production of

                       a copy of this order along with the copy of the representation.

                                   6. Accordingly, this writ petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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