Patna High Court
Yogendra Prasad Chaudhary vs The State Of Bihar And Ors on 21 April, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7516 of 2011
======================================================
YOGENDRA PRASAD CHAUDHARY S/O Late Rajeev Nayan Chaudhary
Resident Of Bakhtiyarpur, South Of Middle School, P.S. Bakhtiyarpur,
District Bakhtiyarpur, Presently Working As Store Accountant, Secretariat
Press, Gulzarbagh, P.S. Alamganj, Distt. Patna.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Principal Secretary, Finance Department, Government Of Bihar, Patna.
3. The Deputy Secretary Press, Finance Department, Government Of Bihar,
Patna.
4. The Superintendent, Secretariat Press, Gulzarbagh, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 19166 of 2017
======================================================
Yogendra Prasad Choudhary S/o Late Rajiv Nayan Choudhary, resident of
Mohalla- Bakhtiyarpur, South of middle School, P.S.- Bakhtiyarpur, District-
Patna, presently residing at Government Press Quarter No. 8, Alamganj thana
campus, P.S.- Alamganj, District- Patna- 7.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
3. The Deputy Secretary, Department of Finance, Government of Bihar, Patna.
4. The Director Press, Printing and Stationary, Department of Finance
Government of Bihar, Patna.
5. The Superintendant, Bihar Secretariat Press, Gulzarbagh, Patna- 7.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 7516 of 2011)
For the Petitioner/s : Mr.Lakmesh Marvind, Advocate
Mr.Lal Babu Singh
For the Respondent/s : Mr. Kamlesh Kishore, AC to SC-12
(In Civil Writ Jurisdiction Case No. 19166 of 2017)
For the Petitioner/s : Mr.Lakmesh Marvind, Advocate
For the Respondent/s : Mr. Naman Nayak, AC to ex- AAG-10
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Patna High Court CWJC No.7516 of 2011 dt.21-04-2025
2/5
Date : 21-04-2025
Heard learned counsel for the petitioner and learned
counsel for the State in both the cases.
2. CWJC No. 7516 of 2011 has been filed seeking a
direction to the respondents to grant promotion to the petitioner
to the post of Senior Selection Grade along with consequential
monetary benefits w.e.f. the date on which juniors to the
petitioner were granted such promotion. Further prayer has been
made for grant of pay revision and corresponding monetary
benefits w.e.f. 01.01.1996.
3. Learned counsel for the petitioner submits that a
representation dated 08.06.2010 (Annexure-8 to the writ
petition) was filed before the Principal Secretary, Finance
Department, Bihar, raising the aforesaid grievance. However, no
decision has been taken thereon till date. It is also submitted that
the petitioner retired from service in the year 2024 during the
pendency of this writ petition.
4. It is further submitted that the petitioner has also
filed CWJC No. 19166 of 2017 challenging Letter No. 1431
dated 16.08.2012, Letter No. 392 dated 19.02.2013, and Letter
No. 906 dated 25.07.2017, on the ground that the petitioner's
pay scale of Rs. 1400-2300 w.e.f. 14.10.1988 was arbitrarily
Patna High Court CWJC No.7516 of 2011 dt.21-04-2025
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disturbed, and an allegation was made that the petitioner had
withdrawn excess salary of Rs. 1,16,568/- based on the pay
scale of Rs. 4500-7000 w.e.f. 01.02.2000.
5. Learned counsel for the petitioner emphasizes that
the most relevant document is Annexure-13 to the
supplementary affidavit filed in CWJC No. 7516 of 2011 (at
running page 56), being Memo No. 6840 dated 15.12.2005
issued by the Deputy Secretary to the Government, Department
of Finance, Government of Bihar, Patna. As per the said memo,
time-bound promotions were granted to similarly situated
employees of Secretariat Press, Gulzarbagh, Patna. It is argued
that if the said memo is protected and implemented, the
petitioner shall be entitled to the benefits claimed.
6. Learned counsel for the State submits that decisions
were taken in accordance with Memo No. 4178 dated
12.08.1992
issued by the Finance Department, Government of
Bihar and the memo forms the basis of the actions taken against
the petitioner, which are legally sustainable.
7. Upon consideration of the submissions, it appears
that for just adjudication of the matter, the Court must examine
the applicability and effect of two documents:
(i) Annexure-13 to the supplementary affidavit filed in CWJC
Patna High Court CWJC No.7516 of 2011 dt.21-04-2025
No. 7516 of 2011being Memo No. 6840 dated 15.12.2005; and
(ii) Annexure-D to the supplementary counter affidavit in CWJC
No.7516 of 2011 (Memo No. 4178 dated 12.08.1992).
8. Upon going through Annexure-D to the
supplementary counter affidavit in CWJC No.7516 of 2011
(Memo No. 4178 dated 12.08.1992), it transpires that it is a
general instruction addressed to all departmental Secretaries,
whereas Memo No. 6840 dated 15.12.2005 is a specific order
issued in compliance with the judgment in CWJC No. 6312 of
1991 and pertains specifically to employees of the Secretariat
Press, Gulzarbagh, Patna.
9. In light of the fact that the petitioner is an employee
of the Secretariat Press, Gulzarbagh, Patna, this Court is of the
view that where there exists a general order and a specific order,
the specific order must prevail. Accordingly, the respondents are
duty-bound to give effect to Memo No. 6840 dated 15.12.2005.
10. In view of the above, both writ petitions are
disposed off with liberty to the petitioner to file a consolidated
representation before the Principal Secretary, Finance
Department, Government of Bihar, within 30 days from today,
raising all grievances mentioned in both the writ petitions.
Patna High Court CWJC No.7516 of 2011 dt.21-04-2025
11. The Principal Secretary, Finance Department,
Government of Bihar is directed to consider and dispose of the
petitioner's representation by passing a reasoned and speaking
order, strictly in accordance with law and keeping in mind the
observations made herein, particularly the applicability of the
special order contained in Memo No. 6840 dated 15.12.2005,
within a period of 90 days from the date of filing of the
representation along with a copy of this order.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 26/04/2025
Transmission Date NA
