Krishna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9 of 2025 ====================================================== Krishna Sah son of Late Nandlal Sah, R/o Mohalla-Quarter No. 22, Ganga Bridge Colony Holy Trity School Raja Ghat Lane Gay Ghat, P.S.-Alamganj, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Road Construction Department, Govt. of Bihar, Patna.

2.

The Superintending Engineer National Highway Division Road Construction Department, Govt. of Bihar, Patna. 3.

The Executive Engineer, National Highways Division Road Construction Department, Guljarbag presently at R Block, Patna. 4.

The Executive Engineer, Ganga Bridge Project Road Construction Department, Guljarbag, Patna.

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Advocate Mr. Sunny Kumar, Advocate For the Respondent/s :

Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned SC-10 for the State.

2. The present application has been filed for the following reliefs:- (i) For payment of retiral dues on the basis of Grade-II Scale 535-765 in place of pay scale 425605 to the petitioner. (ii) To pay all the consequential retiral benefits on Grade-II Scale 535-765 to the petitioner who has retired on 31.03.2024.

(iii) For any other relief for which the petitioner is found entitled to in accordance with law.

3. The only ground which the counsel for the State

Patna High Court CWJC No.9 of 2025(2) dt.22-08-2025 2/2 proposes that the application for revision of pension was withdrawn by the petitioner and therefore, the revision was not processed. This argument of the State cannot be accepted because of the reason that once an employee is entitled to any revision in law, that benefits should have been extended in accordance with law without any hindrance and there is no requirement for asking for any application for revision of pension or pay scale which is applicable in law. So, the ground which is taken for non-grant of pay revision is not accepted.

4. Accordingly, the authorities are directed to consider the fresh representation of the petitioner which he proposes to file and same shall be decided in accordance with law within four weeks from the date of receiving of such representation.

5. In the result, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U