Manohar Kumar v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11611 of 2025 ====================================================== Manohar Kumar, Son of Late Amerika Prasad, Resident of VillageSahbajpur, P.O.- Sartha, P.S.- Chandi, District- Nalanda, Pin Code- 803110 (Bihar).

... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited Vidyut Bhawan, Bailey Road, Patna, through its Chairman-cum-Managing Director. 2.

The Chairman-cum-Managing Director, Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna. 3.

That General Manager (Human Resources and Administration), Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna. 4.

The Managing Director, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna, Through its Managing Director. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Respondent/s :

Mr. Vivek Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-08-2025 Heard the parties.

2. The petitioner has invoked the jurisdiction of this Court seeking a direction upon the concerned respondents to extend the benefit of 2nd Assured Career Progression (A.C.P.) scheme, which is said to have been due since 26.09.2022 as the benefit under the 1st Assured Career Progression scheme has been extended to him on 26.02.2016.

3. Learned Advocate for the petitioner submitted that the action of the respondents suffers from vice of discrimination as the identically situated persons, namely Sri Binod Kumar,

Patna High Court CWJC No.11611 of 2025(2) dt.04-08-2025 2/3 Correspondence Clerk, who was posted at Electric Supply Sub Division, Kahalgaon and further Sri Narayan Prasad, Correspondence Clerk, who was posted at Electric Supply Sub Division, Kahalgaon were accorded the benefit of 2nd A.C.P. with effect from 27.06.2022 and 05.10.2022 respectively. Referring to the office order no. 723 dated 12.07.2022, he further contended that the husband of the petitioner was also entitled to get the benefit of 2nd A.C.P. scheme as has been extended to the other similarly situated persons noted hereinabove, but he has been deprived from the same, without there being any justifiable reason.

4. Learned Advocate for the Bihar State Power Holding Company Ltd., has submitted that for ventilating the grievance the petitioner has already filed a detailed representation, which is pending consideration before the authorities concerned.

5. Having considered the submissions set forth by learned Advocate for the respective parties, this Court deems it appropriate to dispose off the writ petition with a direction to the respondent no. 3 to consider the representation of the petitioner as contained in Annexure P/6 and P/7 to the writ petition preferably within a period of 12 weeks, from the date of

Patna High Court CWJC No.11611 of 2025(2) dt.04-08-2025 3/3 receipt/production of a copy of this order and dispose of the same in accordance with law.

6. Suffice it to observe that in case the claim of the petitioner finds favour, identical to those of Sri Binod Kumar and Sri Narayan Prasad, identical relief be accorded to the petitioner within the stipulated period.

7. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) supratim/- U