Mr. Radha Mohan Sharma v. The State of Bihar

Patna HC9 Jul 2026CWJC/5965/2020

Case brief

AI extract

What is this about?

4th Pay Revision arrears; Bihar State Road Transport Corporation (BSRTC); Conductor; Assistant Traffic Inspector; Reference Case No. 05/1989; Labour Court award dated 21.04.2021; Rs.2,24,221/- already paid; direction to consider claim; consequential monetary benefits; one-time measure; eight weeks; CWJC No.5965 of 2020; Patna High Court; Harish Kumar, J; writ petition disposed.

What did the court decide?

Direction to respondent Nos. 4 and 5 to consider the petitioner's claim for arrears of difference of salary for 22.03.1988 to 29.10.1988 on account of the 4th Pay Revision and, if the claim finds favour, to pass consequential orders with all consequential monetary benefits, as a one-time measure preferably within eight weeks; writ petition disposed of. ¶¶25

Mr. Radha Mohan Sharma 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 petitioner is entitled to arrears of difference of salary for the period 22.03.1988 to 29.10.1988 on account of the 4th Pay Revision in terms of the award passed in Reference Case No. 05/1989, in addition to the amount already paid to him.

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Court's answer

The Court directed respondent Nos. 4 and 5 to consider the petitioner's claim for arrears of difference of salary for the period 22.03.1988 to 29.10.1988 on account of the 4th Pay Revision and take appropriate decision; if the claim finds favour, necessary consequential order shall be passed along with all consequential monetary benefits.

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Ratio / Principle

The aforesaid exercise of consideration is a one-time measure and must be completed preferably within eight weeks from the date of receipt/production of a copy of the order.

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Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.) disposed of a writ petition by a Conductor of the Bihar State Road Transport Corporation seeking payment of arrears of the 4th Pay Revision (applicable w.e.f. 01.04.1981, financial benefits w.e.f. 22.03.1988) in view of the judgment dated 24.08.1993 in Reference Case No. 05/1989, affirmed by the High Court and the Hon'ble Apex Court. The Corporation's counter affidavit stated that Rs.2,24,221/- had already been paid (Cheque No. 022877 dated 15.01.2014, salary head) as differential salary of Conductor and Assistant Traffic Inspector under the 4th Pay Revision, and pursuant to a Labour Court award dated 21.04.2021 promoting the petitioner to Assistant Traffic Inspector from 29.10.1988. Finding the limited grievance to be non-grant of arrears for the period 22.03.1988 to 29.10.1988, the Court directed respondent Nos. 4 and 5 to consider the claim and, if it finds favour, to pass consequential orders with all consequential monetary benefits, as a one-time measure preferably within eight weeks. Writ petition disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5965 of 2020

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Mr. Radha Mohan Sharma S/o Late Gopi Chand Singh resident of Dahi Bhatta, P.o. and P.s.- Usmanchak, Via- Masaurahi, Dist.- Patna DOR31/07/2002, Conductor, Patna Division

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Transport Department, Patna, Bihar

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The Principal Secretary, Transport Department, Patna, Bihar

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The Bihar State Road Transport Corporation, through the Administrator, Birchand Patel Marg, Patna, Bihar

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The Administrator, Bihar State Road Transport Corporation, Patna, Bihar

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The Chief Financial Adviser cum the Chief Accounts Officer, Bihar State Road Transport Corporation, Patna, Bihar

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Jha, Adv. Mr. Sanjay Singh, Adv. For the Respondent/s : Mr. P. K. Verma, Sr. Adv. Mr. Suman Kumar Jha, AC to AAG 3

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 09-07-2026

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Heard learned Advocate for the petitioner and the learned Advocate for the State.

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The petitioner has approached this Court seeking a direction commanding upon the respondents to ensure payment of arrears of 4^th Pay Revision which is applicable with effect from 01.04.1981 and its financial benefits with effect from 22.03.1988 in view of the judgment dated 24.08.1993 passed in Reference Case No. 05/1989 affirmed by the High Court and the Hon'ble Apex Court and also prayed for a direction to the

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Patna High Court CWJC No.5965 of 2020 dt.09-07-2026 2/3

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respondents to pay the differential amount of salary and other consequential benefits.

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A counter affidavit has been filed on behalf of the respondent nos. 3 to 5 with a categorical averments that in the light of the letter No. 1618 dated 28.06.2021 of the Deputy Chief Accounts Officer, it is evident that an amount of Rs.2,24,221/- has already been paid to the petitioner and in this regard communication has also been made under Memo No. 8911 dated 26.12.2013. The aforesaid amount has been paid through Cheque No. 022877 dated 15.01.2014 in salary head. It is further made clear that the above amount is differential amount of salary of Conductor and Assistant Traffic Inspector in the light of the 4^th Pay Revision in terms with the award passed in Reference Case No. 05/1989.

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Learned Advocate for the petitioner at this stage submitted that the amount which has been shown hereinabove to the tune of Rs.2,24,221/- has been paid under the head of salary in terms with award dated 05/96 dated 21.04.2021 passed by the Labour Court on account of promotion of the petitioner from the post of Conductor to the post of Assistant Traffic Inspector from 29.10.1988. However, till date the petitioner has not been granted arrears of difference of salary on account of 4^th

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Patna High Court CWJC No.5965 of 2020 dt.09-07-2026 3/3

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Pay Revision from 22.03.1988 to 29.10.1988 in terms with the award passed in Reference Case No. 05/1989.

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Considering the limited grievance of the petitioner, this Court directs the respondent Nos. 4 and 5 to consider the claim of the petitioner with respect to arrears of difference of salary for the period 22.03.1988 to 29.10.1988 on account of 4^th Pay Revision and take appropriate decision. In case the claim of the petitioner finds favour, necessary consequential order shall be passed along with all consequential monetary benefits.

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The aforesaid exercise shall be a one time measure and must be completed preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

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With the aforesaid observation and direction, the writ petition stands disposed off.

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(Harish Kumar, J)

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Anjani/-

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AFR/NAFR
CAV DATE
Uploading Date	10.07.2026
Transmission Date

Mr. Radha Mohan Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mr. Radha Mohan Sharma 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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