Mahesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19203 of 2024 ====================================================== Mahesh Prasad s/o - Late Sakaldeep Singh, R/o vill. Parsa Bazar, P.S - Parsa Bazar, Dist. - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Dept. of Energy, Patna. 2.

The Principal Secretary Department of Energy Govt. of Bihar Patna. 3.

The Bihar State Hydro Electric Power Corporation Limited through its Managing Director, Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna. 4.

The Managing Director Bihar Hydro Electric Power Corporation Limited Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna. 5.

The Manager (Personnel and Administration) Bihar State Hydroelectric Power Corporation Ltd. Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna.

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

For the Petitioner/s :

Mr. Brij Bihari Tiwary, Advocate For the Respondent/s :

Standing Counsel (11) Mr. Mrityunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondent authorities to pay the petitioner the payment of leave encashment.

(ii) For commanding the respondents authorities to make payment of arrears of increments and Dearness allowance of the petitioner since 2015.

(iii) For commanding the respondent authorities to pay the petitioner house rent since January 2021 to February, 2024.

Patna High Court CWJC No.19203 of 2024(4) dt.08-01-2026 2/3 (iv) For commanding the respondent authorities to pay the petitioner all his dues along with interest @ 18% per annum as same has not been paid till date to the petitioner despite petitioner retired on 29.02.2024.

(v) For any other relief for which the petitioner is entitled for.

3. Learned counsel for the petitioner does not dispute the fact that the reliefs so sought have already been adjudicated and that the benefits for which the writ application was filed have already been extended in favour of the petitioner. The only surviving grievance relates to the claim of Dearness Allowance, for which the petitioner may be permitted to file a representation before respondent no. 3.

4. In view of the above, the petitioner is directed to file a detailed representation along with all supporting documents for redressal of his grievance before respondent no. 3 within a period of four weeks from today.

5. It is made clear that the dispute with respect to grant of Dearness Allowance, by treating the petitioner as an ad hoc appointee, shall be addressed by the Managing Director of the Corporation / respondent no. 4 within a period of eight weeks from the date of receipt of such representation. The order so passed shall be communicated to the petitioner within the

Patna High Court CWJC No.19203 of 2024(4) dt.08-01-2026 3/3 said period.

6. With the aforesaid observation and direction, the instant writ application stands disposed of.

7. Liberty is granted to the petitioner to file an appropriate application for interest on delayed payment of monetary benefits, if so advised, and the same shall also be adjudicated along with the claim discussed hereinabove by the Managing Director of the Corporation / respondent no. 4. (Ajit Kumar, J) shikha/- U