Amar Bahadur v. The Bihar State Power Holding Company

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11183 of 2025 ====================================================== 1.

Amar Bahadur, Son of Late Rala Bahadur, Resident of Chak Ahmad Khabra @ Kiratpur, Gurudas, P.S. - Muzaffarpur Sadar, District- Muzaffarpur (Retired as Driver on 31.03.2012 from T and C Division, Bihar State Electricity Board, Muzaffarpur).

2.

Ram Dai Devi, Widow of Late Balmiki Sah, Resident of village - 1077B, Road No.1, Sidharathpuram, Atardah, P.S.- Muzaffarpur Sadar, District - Muzaffarpur (Her husband retired as Driver on 30.06.2004 from T and C Division, Bihar State Electricity Board, Muzaffarpur and died on 06.07.2005) ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Vidhut Bhawan, Bailey Road Patna, through the Chairman 2.

The Chairman-cum Managing Director, the Bihar State Power Holding Company, Vidyut Bhawan, Bailey Road Patna.

3.

The General Manager (H.R and Adm.) Bihar State Power Holding Company, Vidyut Bhawan, Bailey Road Patna.

4.

The General Manager cum Chief Engineer, Transmission Zone, Bihar State Power Holding Company, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Chandra Verma, Adv.

Mr. Sachina, Adv.

For the Respondent/s :

Mr. Vivek Prasad, Adv.

For the BSP(H)CL :

Mr. Shashank Chandra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2025 The petitioners has approached this Court seeking the following reliefs:

i) For issuance of an appropriate writ in the nature of Mandamus seeking direction to respondents to implement the Judgement/ order passed by Hon'ble High Court in which has been affirmed in L.P.A. No. 1375 of 2013 by this Hon'ble Court vide order dated 12.7.2017 and also in S.L.P. No. (Civil) No.

Patna High Court CWJC No.11183 of 2025(2) dt.22-07-2025 2/3 9343 of 2018 by the Hon'ble Supreme Court vide order dated 1.5.2018 with respect to the Petitioners also who was/is similarly situated vehicle drivers, but by Memo No. 960 dated 27.08.2018 and office order No. 59 dated 15.01.2021 Judgement/order have been implemented upon 44 vehicle drivers and 20 (twenty) vehicle drivers only leaving Petitioners who is also entitled for grant of same benefit. ii) For issuance of appropriate writ in the nature of mandamus seeking direction to respondents to grant the benefit of pay Scale of Rs. 725-1115 with effect from 01.04.1983 and Rs. 1400-2450 w.e.f. 01.01.1986 respectively alongwith all consequential revised pay scale as such benefit have been provided to 44 similarly situated persons in view of order passed in C.W.J.C. No. 4 of 2006, twenty persons in C.W.J.C. No. 1102 of 2019 but the Petitioners has not been granted such benefit and thus discriminated from others persons who had granted such benefits.

2. Learned Advocate for the petitioners submitted that notwithstanding the fact that the petitioners are also identically situated to the persons in whose favour necessary orders have been passed in terms with the judgment and order passed by the Hon'ble High Court in L.P.A. No. 1375 of 2013 and further S.L.P. (Civil) No. 9343 of 2018, discrimination has been

Patna High Court CWJC No.11183 of 2025(2) dt.22-07-2025 3/3 caused. He further submits that the other persons who have been discriminated, have approached this Court by filing different writ petitions and they have been directed to approach before the concerned authorities for redressal of their grievance.

3. Considering the nature of the limited grievance, this Court deems it apt and proper to dispose of the writ petition with a direction to the Chairman-cum-Managing Director, Bihar State Power Holding Company, Bihar, Patna to consider the representation of the petitioners, the copies of which are placed on record as Annexure P/9 and P/9(A) to the writ petition and disposed off by a reasoned and speaking order, preferably within a period of 8 weeks' from the date of receipt/production of a copy of this order.

4. Suffice it to observe that if the case of the petitioners stand on similar footing with respect to the petitioners of C.W.J.C. No. 3698 of 1986 as well as C.W.J.C. No. 4 of 2006, identical relief be accorded to the petitioners.

5. The writ petition accordingly stands disposed. (Harish Kumar, J) supratim/- U