Umesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3281 of 2026 ====================================================== 1.
Umesh Kumar Son of late Kameshwar Singh, Resident of village Ibrahimpur Nagwan Khas, P.S. Naubatpur, District Patna PIN 801109. 2.
Dhairya Prakash, Son of Late Ram Nanhak Ram, Resident of village Gop Nuaon, P.O. Central Jail, Buxar, P.S.- Buxar, District Buxar 802102. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Finance Department, Govt. of Bihar, Patna.
2.
The High Court of Judicature at Patna through its Registrar General, Patna. 3.
The District Judge, Buxar at Buxar.
4.
The Judge In-charge, Accounts Section, Buxar Civil Court, Buxar. 5.
The District Accounts Officer, Buxar at Buxar. 6.
The Principal Accountant General, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Mayanand Jha, Sr. Advocate Mr. Giridhar Gopal Tiwary, Advocate For the State :
Mr. Rajesh Kumar, AC to GP- 3 For the High Court :
Mr. Piyush Lall, Advocate For the AG :
Ms. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2026 Heard learned Senior counsel for the petitioners and learned counsel for the respondents.
2. The petitioners have filed the instant application for the following relief:
"1. That this is an application for issuance of an appropriate writ / order / direction, commanding the Respondents to grant increment to the petitioners with effect from 1st January of the Year (in place of 1st July) with effect from 1.1.2016 in terms of
Patna High Court CWJC No.3281 of 2026(2) dt.10-03-2026 2/3 the provisions contained in clause 9 of the Govt. of Bihar, Finance Department Resolution No.3A-2Ve. Pu.-09/2016-3590/F dt.24th May 2017 (7th Pay Revision) with consequential benefits like payment of the arrears of salary difference owing to shift of date of increment and benefit thereof in pensionary benefits."
3. On perusal of the contents of the writ petition, it transpires that the petitioners joined service on 29.3.1985 and 26.3.1985 respectively. Having superannuated from service six years back on 31.1.2020, the petitioners have filed the instant application for the relief as stated herein above.
4. On being confronted with the delay and latches in moving this Court under the writ jurisdiction, learned Senior counsel appearing for the petitioners refers to paragraph no. 12 of the petition to submit that even after retirement, the petitioners kept on requesting the Judge In-charge to rectify the date of increment of the petitioners but despite oral assurances, nothing was done and the Judge In-charge also kept on changing after implementation of the pay scale under 7th PRC.
5. It may only be observed here that even this statement as noted above is without any supporting documents and further as held in the case of Surjeet Singh Sahni vs. State
Patna High Court CWJC No.3281 of 2026(2) dt.10-03-2026 3/3 of U.P. and Ors.; (2022) 15 SCC 536, filing of representation does not extend the period of limitation. The Hon'ble Supreme Court has held that the petitioner has to approach the Court within a reasonable time.
6. In the opinion of the Court, the case is fit to be rejected on the ground of delay and latches alone.
7. The application is dismissed.
(Partha Sarthy, J) sauravkrsinha/- U