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Patna High Court

Ram Bahadur PanditversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that the Single Judge was not justified in dismissing the petition and allowed the appeal, setting aside the order of dismissal.

Summary

Ram Bahadur Pandit, a retired Ward Attendant, filed a writ petition seeking re-fixation of his pay and related benefits under various government memos and Resolution No. 630. The Single Judge dismissed the petition on the ground of delay and laches, noting that the petitioner filed the suit three years after retirement. On appeal, the High Court examined the doctrine of delay in service‑related claims and relied on Union of India & Ors. v. Tarsem Singh, which allows relief for a continuing wrong that does not affect third‑party rights, such as pay fixation. The Court held that the petitioner’s claim falls within this exception and that the dismissal was not justified. Consequently, the appeal was allowed, the impugned order was set aside, and the matter was directed for fresh disposal.

Issues considered

  • Whether the dismissal of the writ petition on the ground of delay and laches is justified in a claim for re‑fixation of pay of a retired employee.
  • Whether the claim constitutes a continuing wrong that does not affect the rights of third parties, thereby exempting it from the doctrine of laches.
  • Whether the respondents’ actions violate Articles 14, 21 and 300A of the Constitution.

Subjects

  • pay fixation
  • service law
  • delay
  • laches
  • continuing wrong
  • constitutional law
  • Article 14
  • Article 21
  • Article 300A
  • retired employee
  • Bihar health department

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.85 of 2025
                                          In
                    Civil Writ Jurisdiction Case No.18586 of 2024
     ======================================================
     Ram Bahadur Pandit Son of Late Mishri Pandit Resident of Vilage-Madha
     P.S. Salakhua P.O. Salakhua Bazar District-Saharsa.
                                                               ... ... Appellant/s
                                        Versus
1.    The State of Bihar through the Additional Chief Secretary, Department of
      Health, Medical Education and Family Welfare, Govt. of Bihar, Patna.
2.   The Director in Chief, Health Services, New Secretariat, Patna.
3.   The Civil Surgeon cum Chief Medical Officer, Saharsa.
4.   The Medical Officer (In-charge) Primary Health Centre, Salakhua, District-
     Saharsa.
5.    The Accountant General (A and E)-II, Beerchand Patel Path, Patna.
                                                             ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Harsh Anuj, Advocate
     For the Respondent/s   :      Mr. S.D. Yadav, AAG-9
                                   Mr. Anil Kumar Verma, AC to AAG-9
     For the A.G.           :      Mrs. Ritika Rani, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 18-02-2026
                The Letters Patent Appeal has been filed by Ram

      Bahadur Pandit, challenging the order dated 09.12.2024 passed

      by the learned Single Judge in Civil Writ Jurisdiction Case No.

      18586 of 2024 in dismissing his writ petition on the ground of

      delay and laches. The said writ petition was filed by the

      petitioner seeking the following reliefs:-

                                           “1. That this is an application for
                                           issuance of an appropriate writ(s),
                                           order(s) or direction(s) to the
                                           respondents to re-fix pay of the
                                           petitioner in view of the Govt.
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                                                     guidelines issued vide Memo No.
                                                     2424 dated 11.03.2013 vide memo
                                                     No. 7780 dated 30.07.2013 and
                                                     vide letter No. 6573 dated
                                                     24.07.2015 which has been issued
                                                     following the provisions of Clause
                                                     7(B)(ii) of resolution No. 630
                                                     dated 21.01.2010 and further
                                                     direct the respondents to ensure
                                                     the entire consequential benefits
                                                     with the interest @ 10% per
                                                     annum.”
                      2. In the writ petition the petitioner has indicated what

         are the important issues involved in the case which are as

         follows:-

                                                     “2. That the followings are the
                                                     important issues involved in the
                                                     present case:
                                                                 (i) Whether the actions
                                                     of the respondents to not follow
                                                     the different guidelines in respect
                                                     of the case of the petitioner are
                                                     not said to be arbitrary and
                                                     discriminatory?
                                                                 (ii) Whether the actions
                                                     of the respondents to give more
                                                     pay to the later joined employee
                                                     i.e. Junior to the petitioner are
                                                     said to be justified.
                                                                 (iii)     Whether    the
                                                     actions of the respondents are not
                                                     violative of Article 14,21 and
                                                     300A of the Constitution of
                                                     India?”
                      3. The learned Single Judge after hearing the counsel

         for the petitioner observed as follows:-

                                                     “3.   Since   the   petitioner   has
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                                                     already retired from service on
                                                     31.01.2021 and has filed this
                                                     petition in the year 2024 claiming
                                                     for re-fixation of his scale of pay
                                                     in the post of Ward Attendant from
                                                     the year 2007 on the basis of
                                                     resolution     No.    630     dated
                                                     21.01.2010 issued by the Secretary
                                                     Resources, Finance Department,
                                                     Government of Bihar, I am of the
                                                     view that there is an inordinate
                                                     delay in approaching this Court
                                                     by the petitioner.
                                                     4. Accordingly, the writ petition is
                                                     dismissed on the ground of delay
                                                     and laches.”

                      4. The learned counsel for the appellant placed

         reliance on a decision rendered in the case of Union of India &

         Ors. vs. Tarsem Singh reported in (2008) 8 SCC 648, wherein it

         is held as follows:-

                                                     “ 7. To summarise, normally, a
                                                     belated service related claim will
                                                     be rejected on the ground of delay
                                                     and laches (where remedy is
                                                     sought by filing a writ petition) or
                                                     limitation (where remedy is sought
                                                     by an application to the
                                                     Administrative Tribunal). One of
                                                     the exceptions to the said rule is
                                                     cases relating to a continuing
                                                     wrong.Where a service related
                                                     claim is based on a continuing
                                                     wrong, relief can be granted even
                                                     if there is a long delay in seeking
                                                     remedy, with reference to the date
                                                     on which the continuing wrong
                                                     commenced, if such continuing
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                                                     wrong creates a continuing source
                                                     of injury. But there is an exception
                                                     to the exception. If the grievance
                                                     is in respect of any order or
                                                     administrative decision which
                                                     related to or affected several
                                                     others also, and if the reopening
                                                     of the issue would affect the
                                                     settled rights of third parties, then
                                                     the claim will not be entertained.
                                                     For example, if the issue relates to
                                                     payment or refixation of pay or
                                                     pension, relief may be granted in
                                                     spite of delay as it does not affect
                                                     the rights of third parties. But if
                                                     the claim involved issues relating
                                                     to seniority or promotion, etc.,
                                                     affecting others, delay would
                                                     render the claim stale and
                                                     doctrine of laches/limitation will
                                                     be applied. Insofar as the
                                                     consequential relief of recovery of
                                                     arrears for a past period is
                                                     concerned, the principles relating
                                                     to recurring/successive wrongs
                                                     will apply. As a consequence, the
                                                     High Courts will restrict the
                                                     consequential relief relating to
                                                     arrears normally to a period of
                                                     three years prior to the date of
                                                     filing of the writ petition.”

                      5. The learned counsel submits that since the issue

         relates to the re-fixation of the pay and its payment to the

         appellant and it does not affect the rights of the third parties, in

         spite of the delay in approaching the Court, the matter should

         have been entertained and should not have been dismissed on
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         the ground of delay and laches. Moreover, in the writ petition,

         sufficient explanation has been given, as to why the delay has

         occurred on the part of the appellant in approaching this Court

         seeking necessary relief.

                      6. The learned counsel for the State supported the

         impugned order passed by the learned Single Judge.

                      7. After hearing the learned counsel for the respective

         parties and keeping in view the ratio laid down in the case of

         Tarsem Singh (supra) and since the matter relates to re-fixation

         of the pay of the appellant and its payment causing a continuing

         source of injury and it does not affect the rights of any third

         parties, we are of the view that the learned Single Judge was not

         justified in dismissing the writ petition on the ground of delay

         and laches.

                      8. There is perversity in the impugned order and the

         Division Bench, in the Letters Patent Appeal, can correct the errors,

         if it is found that the orders passed by the learned Single Judge

         suffers from perversity or is palpable unreasonable. Accordingly, we

         are inclined to quash the same and the order is hereby set aside.

                      9. The matter is directed to be placed before the

         Bench as per the roster. Since the appellant has retired in the

         meantime, it is expected that the matter should be listed at an
             Patna High Court L.P.A No.85 of 2025 dt.18-02-2026
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                      earliest for disposal.

                                   10. The Letters Patent Appeal stands disposed off.




                                            (Sangam Kumar Sahoo, CJ)


                                                    (Harish Kumar, J)
supratim/-
AFR/NAFR                   NAFR
CAV DATE                   NA
Uploading Date             20.02.2026
Transmission Date          NA


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