Pashupati Paswan Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.689 of 2025

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

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Pashupati Paswan S/o Late Shiv Balak Paswan, R/o Dalsagar, Buxar, Bihar - 802116.

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Shivmangal Prasad, S/o Ganesh Prasad, R/o Nararanpur, Ballia, Kotwa, Narayenpur, Uttar Pradesh - 277501.

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Shiv Mangal Singh Kushwaha S/o Radha Kishun Singh, R/o Mahdah, Buxar, Bihar - 802103.

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Laxman Singh, S/o Hansraj Yadav, R/o Chotki Sarimpur, Buxar, Bihar802101.

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Ramjee Prasad, S/o Ram Prasad, R/o Teachers Colony, Charitravan, Buxar, Bihar- 802101.

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Ramsanehi Choudhary S/o Singasan Choudhary, R/o Manki, Buxar, Raghunathpur, Bihar- 802134.

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Gopal Mishra, S/o Shivapujan Mishra, R/o Mahdah, Buxar- 802103.

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ShyamBihari Pandey, S/o Rampratap Pandey, R/o Village- Shyampur, P.O. Mohrina, P.S. Dhansoi, Mohanian, Buxar, Bihar- 802128.

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Dwarikanath Dubey, S/o Sudama Dubey, R/o Budh Murti, Kadam Kuan, Bakarganj, Patna, Bihar- 800003.

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Kanchan Devi, W/o Late Umashankar Upadhyay, R/o 45 Gajadhar Upadhyay Niwas, Ward-1, Naulakha Mandir Ka Pichla gate, Charitra Van, Buxar, Bihar- 802101.

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Md. Islam, S/o Md. Safik, R/o Bihand, Shiv Madir, Dalsagar, Buxar, Bihar - 802116.

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Avadhbihari Singh, S/o Late Ramdarshan Singh, r/o Dalsagar, Buxar, Bihar - 802116.

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Dharmendra Choubey, S/o Late Ganpat Choubey, R/o Dalsagar, Buxar, Bihar - 802116.

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Bindu Devi, W/o Late Brij Nath Choubey, R/o Dalsagar, Buxar, Bihar802116.

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Ramprit Gond, S/o Ramkaval Gond, R/o Budh Murti, Ayurved Regional Research, Kadamkuan, Patna, Bihar- 800003.

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Manager Yadav, S/o Rajeshwar Yadav, R/o Harkishanpur, Buxar, Dalsagar, Bihar- 802116.

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... ... Petitioner/s

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Versus

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The State of Bihar Through The Principal Secretary cum Commissioner, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna.

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The Director General, AYUSH, Health Department, Government of Bihar, Patna.

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The Director(Ayurved)-cum-member Ayush Directorate, Health Department,

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Patna High Court CWJC No.689 of 2025(3) dt.22-06-2026

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2/4

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Government of Bihar, Patna.

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The Director, Indigenous System of Medicine, Government of Bihar, Patna.

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The Additional Secretary-cum-Diretor General AYUSH Directorate, Department of Health

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The Under Secretary, AYUSH Directorate, Department of Health, Government of Bihar, Patna.

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The Principal, Government Shri Dhanwantri Ayurved College and Hospital, Buxar, Ahirauli.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mayuri, Advocate For the Respondent/s : Mr. Additional Advocate General (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 22-06-2026 Learned counsel for the petitioners and learned counsel for the State are present.

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Learned counsel for the petitioner submits that the petitioner has filed the present writ petition seeking payment of due salary for the period from 29.08.2003 to 17.10.2007 along with statutory interest from the date the salary became due.

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Learned counsel for the State submits that the services of the petitioner were restored vide Memo No. 167 dated 09.02.2018. In the said memo, there was an explicit condition that no payment would be made to the petitioner for the period commencing from 29.08.2003. Subject to this condition, the petitioner accepted the reinstatement and joined service. However, after about eight years thereof, the petitioner has filed the present writ petition claiming arrears of salary for

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Patna High Court CWJC No.689 of 2025(3) dt.22-06-2026 3/4

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the period from 29.08.2003 to 17.10.2007, despite having accepted the aforesaid condition contained in the memo pursuant to which his services were restored by the employer.

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Counsel further submits that, after nearly eight years from the accrual of the cause of action, the petitioner has sought arrears of salary by filing the present writ petition before this Court.

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This Court takes note of the judgment reported in (2012) 5 SCC 412 (Delhi Administration and Ors. v. Kaushilya Thakur and Anr.), wherein the Hon’ble Supreme Court, in paragraph 10, held as under:

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10. We have heard Shri H.P. Raval, learned Additional Solicitor General and Shri Rishikesh, learned counsel for Respondent 1 and perused the record. In our view, the impugned order [Delhi Admn. v. Ranjodh Kumar, LPA No. 25 of 2004, order dated 22-9-2010 (Del)] as also the one passed by the learned Single Judge [ WP (C) No. 4450 of 1993, order dated 13-3-2003 (Del)] are liable to be set aside because while granting relief to the husband of Respondent 1, the learned Single Judge overlooked the fact that the writ petition had been filed after almost 4 years of the

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Patna High Court CWJC No.689 of 2025(3) dt.22-06-2026 4/4

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rejection of an application for allotment of 1000 sq yd plot made by Ranjodh Kumar Thakur. The fact that the writ petitioner made further representations could not be made a ground for ignoring the delay of more than 3 years, more so because in the subsequent communication the authorities concerned had merely indicated that the decision contained in the first letter would stand.

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In view of the law laid down by the Hon’ble Supreme Court in the aforesaid judgment, particularly paragraph 10 thereof, this Court is of the considered view that a period of three years is sufficient for seeking relief arising from a cause of action. In view thereof, such relief is not liable to be granted.

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Accordingly, the present writ petition stands dismissed.

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(Dr. Anshuman, J.)

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Aman Kumar/-

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U

Pashupati Paswan v. The State of Bihar

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Pashupati Paswan v. The State of Bihar

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