Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18240 of 2025 ====================================================== Raman Kumar S/o Late Ram Naryan Singh, R/o Arpna Illam, Lohiyanagar, P.O. and P.S.- Katihar, District- Katihar. At present residing at House No.- 4/165, Rana Enclave, Arpana Illam, Rithala, Rohini, North West Delhi, Delhi. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Finance, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

3.

The Accountant General, Bihar, Veerchand Patel Path, Patna. 4.

The District Education Officer, Katihar, Bihar. 5.

The District Treasury Officer, Katihar, Bihar. 6.

The Headmaster, Adarsh Middle School, Railway Colony, Katihar, Bihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate For the Respondent/s :

Mrs. Archana Meenakshee, GP-6 :

Mr. Prashant Ranjan, AC to GP-6 :

Mr. Rohit Singh, AC to GP-6 :

Mr. Harish Singh, AC to GP-6 For Accountant General :

Mr. Binod Kumar Labh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner, learned counsel for the Respondent-State and learned counsel for the Accountant General.

2. With the consent of all the parties, the present writ application is being disposed of, at this stage itself.

3. The petitioner in the present writ application has prayed for the grant of following reliefs:- "(i) To quash the resolution contained

2/6 in Memo No.-5978 dated 25.08.2017 issued by the Secretary (Expenditure) Department of Finance, Government of Bihar whereby and whereunder the decision has been taken that the benefits of the onetime increment to the State Government employee who were due to receive their annual increment between February, 2006 to June, 2006 pursuant Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008(as amended by the Memo dated March 19.01.2012) has been denied. A copy of Memo No.- 5978 dated 25.08.2017 is annexed as ANNEXURE-P/1 to this application.

(ii) To direct the respondents to grant the increment to the petitioner pursuant Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008(as amended by the Memo dated March 19.01.2012) whereby and whereunder decision has been taken to give benefits of the pay revision to those employee who were due to get their annual increment between February to June, 2006 may be granted one increment on 01.01.2006 in the prerevised scale as a one time measure and thereafter, will get the next

3/6 increment in the revised pay structure on 01.07.2006 as per Rule 10 of the Central Civil Services (Revised Pay) Rules, 2008(as amended by the Memo dated March 19.01.2012) accordingly petitioner is entitled to get increment as per revised pay scale during the period of February, 2006 to June, 2006 but the same was not given to him. A copy of Memorandum dated 19.03.2012 is annexed as ANNEXURE-P/2 to this application.

(iii) To direct the respondents to fix the pension of petitioner on the basis of the revised pay scale after calculating the benefits as per the abovesaid notification and pay the difference of increment accordingly.

(iv) To direct the respondents to grant the increment as per the date of entitlement of petitioner in the prerevised pay scale as one time measure as the employee of Central Government and employee of the State of Jharkhand and the State of Madhya Pradesh have been granted the same.

(v) To direct the respondents to pay the difference of arrear of salary after giving the benefits of annual increment between February, 2006 to

4/6 June, 2006 as a onetime measure. And for any other relief(s) as per the facts and circumstances of this case."

4. After advancing some arguments, learned counsel for the petitioner submits that for the aforesaid reliefs, the petitioner is prepared to file a detailed representation before the Additional Chief Secretary, Department of Education, Government of Bihar, Patna (respondent No. 2) within one month from the date of the present order and further prays that if such a representation is filed, an appropriate direction be issued to the respondent no. 2 i.e., the Additional Chief Secretary, Department of Education, Government of Bihar, Patna to decide the said representation within a fixed time frame after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel for the Respondent-State and learned counsel for the Accountant General do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, the present writ application stands disposed of for granting liberty to the

5/6 petitioner to file a detailed representation before the Additional Chief Secretary, Department of Education, Government of Bihar, Patna (respondent no. 2) within one month from the date of passing of this order. If such a representation is filed within the stipulated time then respondent no. 2 i.e., the Additional Chief Secretary, Department of Education, Government of Bihar, Patna shall decide the same within a period of six months thereafter after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by respondent no. 2 i.e., the Additional Chief Secretary, Department of Education, Government of Bihar, Patna should be a well reasoned and speaking order.

7. If while considering the representation of the petitioner, the authority concerned finds that any amount is due to be paid to the petitioner in terms of the relief claimed by the petitioner, the same will be paid to the petitioner within a further period of three months from the date of final order.

8. With the aforesaid observation and direction, the present writ application is disposed of. All pending

6/6 Interlocutory Applications, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Gaurav Sinha/- U