Disposed¶6

Anup Kumar v. The State of Bihar

Patna HC12 Jan 2026CWJC/3813/2022

Case brief

AI extract

What is this about?

Bihar State Hydroelectric Power Corporation Ltd.; regular employees; basic pay Rs. 7,730; grade pay 1900; Dearness Allowance 189%; annual increment; medical; G.L.S.I.; gratuity; salary arrears; anomalies; fresh representation; Managing Director; Respondent no.4; 60 days; interest 9%; Madhukar Vs. State of Bihar; C.W.J.C. No. 7170 of 2020; mandamus; Patna High Court; CWJC No. 3813 of 2022; Dr. Anshuman; disposed of.

What did the court decide?

Writ petition disposed of with directions: petitioners to file a fresh representation before the Managing Director, Bihar Hydro Electric Power Corporation Limited (Respondent no.4); salary dues, if found, to be paid within 60 days as observed in C.W.J.C. No. 7170 of 2020; Respondent no.4 to pass a reasoned and speaking order on other arrears within the same period. ¶6

Anup Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners should be treated as regular employees of Bihar State Hydroelectric Power Corporation Ltd. and granted basic pay of Rs. 7,730/- with grade pay of 1900/- and admissible Dearness Allowance (@189% of Basic Pay) as provided to other employees of the Corporation. +4 more

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Ratio / Principle

The petitioners are directed to file a fresh representation before the Managing Director, Bihar Hydro Electric Power Corporation Limited (Respondent no.4), who shall consider the same.

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Key takeaways

If it is found that there are dues of the salary part, they shall be paid to the petitioners within 60 days, as observed in C.W.J.C. No. 7170 of 2020.ratio¶5
So far as other arrears are concerned, Respondent no.4 is directed to pass a reasoned and speaking order within the said 60-day period.ratio¶5
With the aforesaid directions, the present writ petition stands disposed of.

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Civil Writ Jurisdiction Case No.3813 of 2022, oral order dated 12-01-2026. Two petitioners sought mandamus directing the respondent authorities to treat them as regular employees of Bihar State Hydroelectric Power Corporation Ltd., Patna, and to grant basic pay of Rs. 7,730/- with grade pay of 1900/- and admissible Dearness Allowance (@189% of Basic Pay), admissible annual increments, benefits like medical, G.L.S.I. and gratuity as applicable to other regular employees, and payment of due salary arrears after rectifying anomalies. Petitioner's counsel relied on this Court's order dated 19.08.2020 in C.W.J.C. No. 7170 of 2020 (Madhukar Vs. The State of Bihar & Ors.), which had directed payment of arrears and current salary within a maximum of sixty days, failing which interest @ 9% was to accrue, and had required reasons after an opportunity of hearing if salary was denied. Counsel for the Corporation submitted that the reliefs in the two petitions are different and the earlier observations should not be applied. Without deciding that contention, the Court disposed of the petition by directing the petitioners to file a fresh representation before the Managing Director (Respondent no.4); if salary dues are found, they are to be paid within 60 days as observed in the earlier writ petition, and for other arrears Respondent no.4 is to pass a reasoned and speaking order within that period.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3813 of 2022

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Anup Kumar S/o - Janardan Prasad R/o - Vill - Purankama, P.S. - Sheikhpura, Dist- Sheikhpura.

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Md. Shekh Raju S/o - Md. Shekh Ajbul R/o - Near BMP - 2, Hydal Colony, Bastipur, P.S. - Dehri - On-Sone, Dis - Rohtas.

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... ... Petitioner/s

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Versus

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

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

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

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

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

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate For the Respondent/s : Mr. Abbas Haider (SC-6) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 12-01-2026

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Heard learned counsel for the petitioners, learned

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counsel for the State and learned counsel for Bihar State Hydro Electric Power Corporation Ltd.

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The present writ petition has been filed for the following relief(s):-

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“That the instant application is being filed for issuance of appropriate writ/ writs, order/orders, direction/directions to the Respondent Authority to grant the

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Patna High Court CWJC No.3813 of 2022(4) dt.12-01-2026 2/4

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following relief to the petitioners:-

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(i) In the nature of "Mandamus” directing and commanding the Respondent authorities to treat the petitioners the regular employees of Bihar State Hydroelectric Power Corporation Ltd, Patna and grant the petitioners the basic pay of Rs. 7,730/along with grade pay of 1900/-with admissible Dearness Allowance as being provided to all the employees of the Corporation which is at present @ 189% of Basic Pay.

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(ii) In the nature of "Mandamus" directing and commanding the respondent authorities also to grant the petitioners with the admissible annual increment which has not been paid til date.

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(iii) In the nature of "Mandamus” also to grant the petitioners others entitled benefit like medical, G.L.S.I. and the benefit of Gratuity as applicable to the other regular employees of the Corporation treating the petitioners as like.

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(iv) In the nature of "Mandamus" directing and commanding the Respondent Authorities to calculate the due arrear of salary after rectifying the

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Patna High Court CWJC No.3813 of 2022(4) dt.12-01-2026 3/4

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anomalies and pay the same forthwith which is being denied to the petitioners. (v) For Issuance of any other relief or reliefs for which the Petitioners are entitled for in the fact and circumstances of the instant case.”

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Learned counsel for the petitioners submit that the petitioners’ representation has been pending before the Respondent no.4 since long, and no decision has been taken as yet. Counsel relied on the order passed by this Hon’ble Court passed in C.W.J.C. No. 7170 of 2020 (Madhukar Vs. The State of Bihar & Ors.) which was disposed of vide order dated 19.08.2020 directing the respondents to ensure payment of arrears of salary and current salary within a maximum period of sixty days from the date of receipt/production of a copy of the order, failing which, the petitioner shall be entitled to payment of interest @ 9 % from the date of accrual to the date of actual payment. It has also been observed in the said order that in the event, the respondents deny the salary; they are obliged to assign reason after opportunity of hearing to the petitioner.

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Learned counsel appearing for Bihar State Hydro Electric Power Corporation Ltd. submits that the relief sought for in C.W.J.C. No. 7170 of 2020 and in the present writ petition

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Patna High Court CWJC No.3813 of 2022(4) dt.12-01-2026 4/4

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are different. Therefore, the same observation made in that writ petition may not be allowed in this writ petition.

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In the light of the submissions made, the petitioners are hereby directed to file a fresh representation before the Managing Director, Bihar Hydro Electric Power Corporation Limited Sone Bhawan, 2nd floor, Birchand Patel Marg, Patna (Respondent no.4) who shall consider the same. If, it has been found that there is a dues of salary part then it shall be paid to the petitioners within 60 days as observed in the writ petition mentioned above. But, so far as other arrears are concerned, the respondent no.4 is directed to pass a reasoned and speaking order within the said period.

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Accordingly, with the aforesaid direction, the present writ petition stands disposed off.

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(Dr. Anshuman, J)

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Divyansh/-

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Anup Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anup Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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