Mahesh Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Mahesh Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions: petitioner to file a detailed representation with supporting documents before respondent no. 3 within four weeks; the Managing Director of the Corporation / respondent no. 4 to address the Dearness Allowance dispute (treatment as ad hoc appointee) within eight weeks of receipt of the representation and communicate the order to the petitioner; liberty reserved to the petitioner to apply for interest on delayed payment of monetary benefits, to be adjudicated along with the Dearness Allowance claim by respondent no. 4.

Issue for consideration

Whether the respondent authorities are liable to pay the petitioner his leave encashment. +3 more

Ratio / Principle

On the recorded undisputed position of counsel, the reliefs sought had already been adjudicated and the benefits extended to the petitioner; the only surviving grievance was the claim of Dearness Allowance, for which the petitioner was permitted to file a representation before respondent no. 3.

Key takeaways

The petitioner was directed to file a detailed representation along with all supporting documents for redressal of his grievance before respondent no. 3 within four weeks.ratio¶23
The dispute regarding grant of Dearness Allowance by treating the petitioner as an ad hoc appointee was made over to the Managing Director of the Corporation / respondent no. 4, to be addressed within eight weeks from receipt of the representation, with the order to be communicated to the petitioner within that period.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Ajit Kumar, J.), Civil Writ Jurisdiction Case No.19203 of 2024, decided 08-01-2026 — A retired employee of the Bihar State Hydro Electric Power Corporation Ltd. (retired 29.02.2024) sought leave encashment, arrears of increments and Dearness Allowance since 2015, house rent for January 2021 to February 2024, and all dues with interest @ 18% per annum. Counsel for the petitioner did not dispute that the reliefs sought had already been adjudicated and the benefits extended; the sole surviving grievance was the Dearness Allowance claim, tied to the petitioner's treatment as an ad hoc appointee. The writ was disposed of with directions: the petitioner to file a detailed representation with supporting documents before respondent no. 3 within four weeks; the Managing Director of the Corporation / respondent no. 4 to address the Dearness Allowance dispute within eight weeks of receipt of the representation and communicate the order; and liberty reserved to the petitioner to seek interest on delayed payment of monetary benefits, such application to be adjudicated along with the Dearness Allowance claim by respondent no. 4. No statute or precedent was cited; no costs indicated.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19203 of 2024

======================================================

Mahesh Prasad s/o - Late Sakaldeep Singh, R/o vill. Parsa Bazar, P.S - Parsa Bazar, Dist. - Patna.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Dept. of Energy, Patna.

The Principal Secretary Department of Energy Govt. of Bihar Patna.

The Bihar State Hydro Electric Power Corporation Limited through its Managing Director, Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna.

The Managing Director Bihar Hydro Electric Power Corporation Limited Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna.

The Manager (Personnel and Administration) Bihar State Hydroelectric Power Corporation Ltd. Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate For the Respondent/s : Standing Counsel (11) Mr. Mrityunjay Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

4 08-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

The instant writ application has been filed for the following reliefs:-

(i) For directing the respondent authorities to pay the petitioner the payment of leave encashment.

(ii) For commanding the respondents authorities to make payment of arrears of increments and Dearness allowance of the petitioner since 2015.

(iii) For commanding the respondent authorities to pay the petitioner house rent since January 2021 to February, 2024.

Patna High Court CWJC No.19203 of 2024(4) dt.08-01-2026 2/3

(iv) For commanding the respondent authorities to pay the petitioner all his dues along with interest @ 18% per annum as same has not been paid till date to the petitioner despite petitioner retired on 29.02.2024.

(v) For any other relief for which the petitioner is entitled for.

Learned counsel for the petitioner does not dispute the fact that the reliefs so sought have already been adjudicated and that the benefits for which the writ application was filed have already been extended in favour of the petitioner. The only surviving grievance relates to the claim of Dearness Allowance, for which the petitioner may be permitted to file a representation before respondent no. 3.

In view of the above, the petitioner is directed to file a detailed representation along with all supporting documents for redressal of his grievance before respondent no. 3 within a period of four weeks from today.

It is made clear that the dispute with respect to grant of Dearness Allowance, by treating the petitioner as an ad hoc appointee, shall be addressed by the Managing Director of the Corporation / respondent no. 4 within a period of eight weeks from the date of receipt of such representation. The order so passed shall be communicated to the petitioner within the

Patna High Court CWJC No.19203 of 2024(4) dt.08-01-2026 3/3

said period.

With the aforesaid observation and direction, the instant writ application stands disposed of.

Liberty is granted to the petitioner to file an appropriate application for interest on delayed payment of monetary benefits, if so advised, and the same shall also be adjudicated along with the claim discussed hereinabove by the Managing Director of the Corporation / respondent no. 4.

(Ajit Kumar, J)

shikha/-

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