Patna High Court
Umesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is not maintainable; the claim must be decided by the Engineer‑in‑Chief under the appropriate service rules.
Summary
The petitioner, Umesh Singh, a government employee, claimed that a memo dated 16‑02‑2024 wrongly treated his 95‑day waiting period for posting (17‑Apr‑2011 to 20‑Jul‑2011) as extraordinary leave under Rules 180 and 236 of the Bihar Service Code, resulting in denial of salary and emoluments. He also sought arrears for the period 21‑Jul‑2011 to 04‑Aug‑2011 and interest. The State contested the claim, citing the memo and counter‑affidavit. The High Court held that the writ petition was not the proper avenue for adjudicating the salary dispute and directed the petitioner to file a fresh representation before the Engineer‑in‑Chief, Rural Works Department, who must decide the claim within 90 days. Consequently, the petition was disposed without granting the reliefs sought.
Issues considered
- Whether the period of waiting for posting can be classified as extraordinary leave under Rules 180 and 236 of the Bihar Service Code.
- Whether the petitioner is entitled to salary and emoluments for the said period despite the classification as leave.
- Whether the writ petition is maintainable or the claim should be decided by the appropriate administrative authority.
Legislation cited
- Bihar Service Code — s. Rule 180, Rule 236
Subjects
- service law
- extraordinary leave
- salary arrears
- writ petition
- administrative law
- Bihar Service Code
- government employee
- posting delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9629 of 2024
======================================================
Umesh Singh Son of Late Raghav Singh, resident of Village-Bhopatpur, P.S.-
Sahatwar, District-Ballia (U.P.).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Water Resources
Department, Sinchai Bhawan, Patna.
2. Under Seceretary (Management), Water Resources Department, Sinchai
Bhawan, Patna.
3. Principal Secretary, Rural Works Department, Government of Bihar,
Vishweshwaraiya Bhawan, Baily Road, Patna.
4. Deputy Development Commissioner, Saran at Chapra.
5. Engineer in Chief, Rural Works Department, Government of Bihar,
Vishweshwaraiya Bhawan, Baily Road, Patna.
6. Chief Engineer, Irrigation Creation, Water Resources Department, Siwan.
7. Executive Engineer, Saran Canal Division, Marhaura, District - Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kishore Kumar Thakur, Advocate
Mr. Braj Kishore Singh, Advocate
Mr. Amit Kumar, Advocate
For the Respondent/s : Mr. Alok Ranjan, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 24-02-2026
Heard learned Counsel for the petitioner and
learned Counsel for the State.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
“I. To set aside the order
contained in Memo no 639 dated
16.02.2024, issued under the signature of
respondent Principal Secretary of Water
Patna High Court CWJC No.9629 of 2024 dt.24-02-2026
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Resources Department, whereby the period
of 95 days (Ninety-five days) i.e, 17.04.2011
to 20.07.2011, during which period, the
petitioner remained waiting for posting in
the headquarters of Water Resources
department and marking his day-to-day
attendance, has been treated as
extraordinary leave availed by the petitioner.
Thereby, while according
sanction of such extra ordinary leave to the
petitioner in terms of Rule 180 and Rule 236
of the Bihar Service code for the so-called
purpose of regularising the continuous
regular service of the petitioner, the salary
and other emoluments admissible to him for
the said period from 17.04.2011 to
20.07.2011 (total 95 days) has been illegally
denied to him.
II. For a further direction to
the respondents to make payment of salary
to the petitioner for the period from
17.04.2011 to 20.07.2011 (total 95 days),
taking into account the fact that the
petitioner was on duty during the said period
and waiting for posting in the headquarter of
the Water Resources Department, making his
day-to-day attendance as also discharging
routine duties assigned to him during the
said period of waiting for posting, and
further considering that the petitioner had,
Patna High Court CWJC No.9629 of 2024 dt.24-02-2026
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at no point of time, during his entire tenure
of service, submitted any application
requesting for grant of such Extra ordinary
leave. Thus, prayer in the present writ
application is to make such payment of
salary for the above said period to the
petitioner along with proportionate interest
on the same, in view of the fact that the
respondents have deliberately denied the
salary admissible to the petitioner for the
above said period on an illegal and
misleading ground.
III. For a further direction to
the respondents to make payment of arrears
of salary to the petitioner for the period from
21-07-2011 to 04-08-2011 during which
period also the petitioner after his joining in
the office of respondent Chief Engineer,
remained waiting for posting till 04-08-
2011.”
3. Learned Counsel for the petitioner submits
that the letter which was creating hurdle for the petitioner is
Annexure-P/1. Counsel further submits that in the counter
affidavit specific reply of the State has come by virtue of which
the Annexure-P/1, which is in the counter affidavit as Annexure-
H, has already been withdrawn and in lieu thereof another letter
contained in Memo No.4208 dated 24.10.2024 has been issued.
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Learned Counsel further submits that with regard to his claim, a
series of correspondence took place between the Executive
Engineer, Saran Canal, Marhaura and Executive Engineer,
Gopalganj. He submits that he is entitled for the payment in the
light of the said correspondence.
4. Learned Counsel for the State, on the other
hand, submits that in the counter affidavit every pleading has
come. It transpires to this Court that the stand has been taken
categorically but till date no payment has been made.
5. In this background, this Court deem it fit to
dispose off this writ petition as keeping the writ petition pending
shall not solve any purpose. Hence, the petitioner is hereby
directed to file fresh representation before the Engineer-in-
Chief, Rural Works Department, Government of Bihar, Patna
(respondent No.5), under whom the Executive Engineer, Saran
Canal Division, Marhaura and Executive Engineer, Gopalganj
are working. He shall annexed all those documents which is
annexed in counter affidavit as Annexures-H to O.
6. It is directed that the Engineer-in-Chief
(respondent No.5) shall decide the claim of the petitioner
within 90 days from the date of receipt/production of a copy of
this order. It is made clear that the liberty is hereby granted to
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the Engineer-in-Chief to place this matter before the Committee
especially assigned for such type of disputes.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.02.2026
Transmission Date
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