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Patna High Court

Arbind KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners must file a fresh representation before the Principal Secretary, PHED, who will decide the claim, and the writ petition is disposed.

Summary

Four petitioners, employees of the Public Health Engineering Department, filed a writ petition seeking the grant of a higher pay scale (Rs. 6,500‑10,500 for 1st ACP and Rs. 10,000‑15,200 for 2nd ACP) based on a 2016 judgment (C.W.J.C. No. 18433) and the Bihar State Litigation Policy, 2011. They had submitted representations to the Executive Engineer, but the court held that the Principal Secretary, PHED, is the competent authority for such matters. The petitioners had not filed their representation before the Principal Secretary, rendering their claim procedurally incomplete. The court directed the petitioners to file a fresh representation before the Principal Secretary, who must decide the matter within 90 days. Consequently, the writ petition was disposed of without a substantive order on the pay‑scale claim.

Issues considered

  • The petitioners are entitled to the higher pay scale without filing a fresh representation before the competent authority.
  • Whether the Executive Engineer is the appropriate authority to consider the petitioners' representation for pay‑scale revision.

Subjects

  • pay scale
  • civil service remuneration
  • writ petition
  • administrative law
  • representation before competent authority
  • Bihar State Litigation Policy
  • procedural requirement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9360 of 2024
                 ======================================================
           1.     Arbind Kumar S/o- Ram Naresh Prasad, R/o Village Prahlad Chak, P.O. and
                  P.S.- Parsa, District-Patna.
           2.    Pappu Kumar, S/o- Bhagirath Prasad, R/o village- Sultanpur, Dahabigha,
                 P.O. and P.S.- Hilsa, District- Nalanda.
           3.    Sanjay Kumar Suman S/o- Late Jitu Lal, R/o Mohalla- New Bishunpur
                 Pakari, near Gas Godam, Yadav Path, P.O. and P.S.- Anisabad, District-
                 Patna.
           4.    Shailendra Kumar Jha, S/o- Rajendra Jha, R/o Mohalla - Priyadarshni Nagar,
                 Dhobia Kothi, P.O. and P.S.- Tilkamanjhi, Bahadurpur, District- Bhagalpur.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Finance Secretary, Finance Department, Govt.
                 of Bihar, Patna.
           2.    The Principal Secretary, P.H.E.D., Bihar, Patna, Visheshwaraiya Bhawan,
                 Bailey Road, Patna.
           3.    The Engineer-in-Chief-cum-Special Secretary, P.H.E.D. Bihar, Patna,
                 Visheshwaraiya Bhawan, Bailey Road, Patna.
           4.    The Superintending Engineer, P.H. Engineering Circle, Patna.
           5.    The Superintending Engineer P.H.E. Circle, Bhagalpur.
           6.    The Executive Engineer, P.H. Division, Hilsa.
           7.    The Executive Engineer, P.H. Division, Biharsarif.
           8.    The Executive Engineer, P.H. Division, Patna west, Patna.
           9.    The Executive Engineer, P.H. Division, Bhagalpur East, Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Amit Anand, Advocate
                 For the State          :      Mr. Sitaram Yadav (GP-16)
                                               Mr. Yatindra Narayan (AC to GP-16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   17-02-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2. The present writ petition has been filed with the

                   following relief/s:-
Patna High Court CWJC No.9360 of 2024(2) dt.17-02-2026
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                                “I. For issuance of an appropriate writ or
                                writs, direction or directions commanding the
                                respondents to consider and grant of similar
                                pay scale of Rs. 6500-10500 (P.B.-2+4800) in
                                1st ACP and Rs. 10000-15200 (Pay Band-3 +
                                6600) in 2nd ACP in the light of the judicial
                                order passed in CWJC No. 18433 of 2016 and
                                analogous cases, which has been affirmed by
                                the Hon’ble Apex Court on 25.04.2023 as well
                                as the clause 4.C(1) of the Bihar State
                                Litigation Policy, 2011 under Chapter-IV and
                                the said pay scale has been granted to the
                                similarly situated persons by Resolution of the
                                Finance Department, Bihar bearing Memo
                                No. 163 dated 08.01.2016.
                                II. For commanding the respondents to
                                consider and grant the same pay scale, which
                                has been granted to the similarly situated
                                persons      by    its   Memo   No.   163   dated
                                08.01.2016 and Memo No. 2162 dated
                                28.02.2024, in view of the clause 4.C(1) of the
                                Bihar State Litigation Policy, 2011.
                                III. For commanding the respondents to
                                revised the pay scale accordingly and grant
                                all consequential benefit with retiral benefits.
                                IV. Any other relief or reliefs may be granted
                                to the petitioners as they are found legally
                                entitled to in the facts and circumstances of
                                the case.”
Patna High Court CWJC No.9360 of 2024(2) dt.17-02-2026
                                            3/4




                      3. Learned counsel for the petitioners submit that the

          petitioners have filed their representations (Annexure-P/5 series)

          and the same are still pending before the executive engineer.

                      4. Learned counsel for the State, on the other hand,

          submits that this writ petition be dismissed as, during the

          argument, counsel for the petitioners submit that the Principal

          Secretary, PHED, Bihar, Patna is the competent authority to

          decide the matter with regard to the petitioners, but the

          petitioners have not filed their representation before the

          Principal Secretary, PHED, Bihar, Patna, rather, filed before the

          Executive Engineer.

                      5. In the light of the submissions made that claim of

          the petitioners is completely based on the judgment passed by

          this Hon’ble Court in case of Shashi Shekhar Ambastha & Ors.

          Vs. The State of Bihar & Ors. in C.W.J.C. No. 18433 of 2016

          with other analogous cases as well as in the light of the

          Resolution of the Finance Department, Bihar contained in

          Memo No. 163 dated 08.01.2016 as claimed by the petitioners,

          it is therefore, hereby directed to the petitioners to file their

          fresh representation along with a copy of this order before the

          Principal Secretary, PHED, Bihar, Patna (Respondent no.2) who

          shall pass a reasoned and speaking order on their fresh
             Patna High Court CWJC No.9360 of 2024(2) dt.17-02-2026
                                                         4/4




                       representation in light of Clause 4.C of the Bihar State

                       Litigation Policy, 2011 considering the merit or demerit of the

                       petitioners’ claim, within 90 days from the date of receiving the

                       petitioners’ representation.

                                   6. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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