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Patna High CourtCWJC/10821/2026disposed

Chandra Prakash Kanth v. The Bihar State Power Holding Company Limited

2026-07-23Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10821 of 2026 ====================================================== Chandra Prakash Kanth Son of Late Jugal Kishore Kanth, Resident of Village-Bandhat, P.O.-Bandhat, P.S.-Manigachhi, District-Darbhanga, Bihar a retired Accounts Assistant from the Bihar State Electricity Board presently Bihar State Power Holding Company Limited.

... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairmancum-Managing Director, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna800021. 2.

The Chairman-cum-Managing Director, Bihar State Power Holding Company Limited, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna800021. 3.

The Director (Terminal Benefits), Bihar State Power Holding Company Limited, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna-800021. 4.

The Director (Personnel), Bihar State Power Holding Company Limited, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna-800021. 5.

The Director (Finance), Bihar State Power Holding Company Limited, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna-800021. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Ravish, Adv.

Mr.Sanjay Kr. Sharma, Adv.

Mr.Rohit Kumar, Adv.

For the Respondent/s :

Mr.Vivek Prasad, Sr. Adv.

Ms.Roona, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-07-2026 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:-

1. That by filing this writ application, the petitioner seeks for a direction upon the respondents particularly the Respondent No. 2 to consider and dispose of this petitioner's

Patna High Court CWJC No.10821 of 2026(2) dt.23-07-2026 2/3 representation received on 24.04.2026 (Annexure P/2) and accordingly to revise his pension and pensionary benefits after granting one increment from 1.7.2011 as this petitioner has superannuated from services on 30.06.2011 from the post of Accounts Assistant from the Office of the Electric Divisional Office, Rajendra Nagar, Patna and he was not granted one increment for the services rendered by him from 1.7.2010 till 30.06.2011 as it fell due on 1.7.2011 whereas this petitioner had superannuated one day before on 30.06.

2011, however, in view of judicial declaration now the law is no more res integra that in such event those employees who are retiring on 30th of June of the year of 31st of December of the year they shall be granted increment due on 1st of July and 1st of January as the case may and, thus, this petitioner seeks appropriate directions in this regard upon the respondents to grant such increment and pay consequential benefits including revision of pension and pensionary benefits and pay its arrears thereof expeditiously.

3. Learned counsel for the petitioner submits that the petitioner's representation is pending before the concerned Authority vide Annexure-P/2 in which no decision has been taken till date. He further submits that the case of the petitioner is covered under the judgment passed by Hon'ble Division Bench of this Court in LPA No.1184 of 2024 (arising out of

Patna High Court CWJC No.10821 of 2026(2) dt.23-07-2026 3/3 C.W.J.C. No.3460 of 2020) in case of The State of Bihar & Ors. Vs. Prafulla Chandra Chaudhary & Ors., which is mentioned in the said representation.

4. Learned counsel for the State, on the other hand, submits that the petitioner may be directed to file a fresh representation before the concerned Authority.

5. In the light of the submissions made, the present writ petition is hereby disposed off directing the petitioner to file a fresh representation raising all his grievances before the Chairman-cum-Managing Director, Bihar State Power Holding Company Limited (Respondent No.2) within 30 days along with a copy of this order and Respondent No.2 shall take decision afresh and if it has been found that the petitioner's case is squarely covered with the said judgment i.e., LPA No.1184 of 2024 (arising out of CWJC No. 3460 of 2020) (supra), then considering the provisions of 4.C(1) of the Bihar State Litigation Policy, 2011, shall decide the same, within 90 days after receiving the same.

(Dr. Anshuman, J) Prakashmani/- U