Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1804 of 2022 ====================================================== 1.

Arun Kumar S/o- Kailash Prasad R/o Vill- Agnur, P.S.- Kaler, Dist- Arwal at present residing at Mohalla New Jaganpura, P.S.- Ram Krishna Nagar, DistPatna. 2.

Pawan Kumar Singh S/o- Nilmani Prasad Yadav R/o- Mahamadpur, P.S.- Marhaura, Dist- Chapra.

3.

Vijay Bhagat S/o- Shivdhari Bhagat R/o Vill- Harsingpur, P.S.- Runisaipur, Dist- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Dept. of Energy, Patna. 2.

The Principal Secretary Department of Energy Govt. of Bihar Patna. 3.

The Bihar State Hydro Electric Power Corporation Limited through its Managing Director, Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna. 4.

The Managing Director Bihar Hydro Electric Power Corporation Limited Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna. 5.

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 :

Mr. Abbas Haider (SC-6) For the BSHEPCL :

Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-01-2026 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar State Hydro Electric Power Corporation Ltd.

2. The present writ petition has been filed for the following relief/s:- "1. That the instant application is being filed for issuance of appropriate writ/ writs, order/orders, direction/directions

2/4 to the Respondent Authority for grant of the following relief to the petitioners:- (i) In the nature of "Mandamus"

directing and commanding the Respondent authorities namely Respondent no. 3 i.e. Bihar State Hydroelectric Power Corporation being represented through its Managing Director to grant the petitioners the equal pay for equal work from the date of employed/engagement as provided by the Corporation to the similar employees.

(ii) In the nature of "Mandamus"

directing and commanding the respondent authorities to pay the petitioners the arrear of salary for period of 01.01.2014 to 30.06.2014.

(iii) For issuance of any other relief or reliefs for which the Petitioners are entitled for in the facts and circumstances of the instant case."

3. Learned counsel for the petitioners submit that the petitioners have filed their representation before the Bihar State Hydro Electric Power Corporation Ltd. for fulfillment of their grievance which is pending at his level since long and no order has been passed till date. Counsel submits that one of the fatal

3/4 document for consideration of the present writ petition is Annexure-5.

4. Learned counsel appearing for Bihar State Hydro Electric Power Corporation Ltd. submits that similarly situated employees have earlier moved before this Hon'ble Court with the same relief in C.W.J.C. No. 7578 of 2022 (Raj Kumar Roy & Ors. Vs. The State of Bihar & Ors.) which was disposed off vide order dated 13.02.2024. He submits that the present writ petition may be disposed off with the same observation.

5. After hearing the parties, it transpires that the order has been passed by a Co-ordinate Bench of this Court in C.W.J.C. No. 7578 of 2022 vide order dated 13.02.2024 with following observations:- "2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Managing Director, Bihar State Hydro Electric Power Corporation Limited, Patna, for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3. It is needless to state that in case the petitioners approach the Managing Director, Bihar State Hydro Electric Power Corporation Limited, Patna, by

4/4 filing appropriate representation, within a period of two weeks from today, the same shall be disposed off by a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms."

6. In this view of the matter that the petitioners' representation are still pending before the concerned respondent authority, therefore, the Bihar State Hydro Electric Power Corporation Limited through its Managing Director (Respondent no.3) is hereby directed to pass a reasoned and speaking order on the petitioners' representation which is annexed as Annexure-7 of the writ petition, within three weeks from the date of production of receipt/copy of this order before him.

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

(Dr. Anshuman, J) Divyansh/- U