Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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