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Patna High Court
Manoj Kumar vs The State Of Bihar And Ors on 8 December, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15181 of 2013
======================================================
Manoj Kumar Son of Sri Gauri Shankar Prasad, New Area, Patalpuri,
Nawada, P.S. Nawada, in the District of Nawada Presently posted as -
Executive Engineer (Mech.) Workshop, Mechanical Division, Road
Construction Department, Khagaria, P.S. Khagaria, in the District of Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Road Construction Department,
Govt. of Bihar, Patna
2. The Secretary, Road Construction Department, Government of Bihar, Patna
3. The Joint Secretary, Road Construction Department, Government of Bihar,
Patna
4. The Engineer - In - Chief - Cum - Special Secretary, Road Construction
Department Government of Bihar, Patna
5. The Chief Engineer (Mechanical), Mechanical Wing, Road Construction
Department, Government of Bihar, Patna
6. The Secretary, Department of Finance, Government of Bihar, Patna
7. The Assistant Secretary (Personal Entitlement Cell) Department of Finance,
Govt. of Bihar, Patna
8. The Accountant General, Bihar, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
Mr. Anil Singh, Advocate
For the State : Mr. Nalin Vilochan Tiwary, Advocate
For the A.G., Bihar : Mr. Sunil Kumar Singh, Advocate
Mr. Ram Yash Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 08-12-2025
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
quashing the reasoned order dated 13.6.2013 passed by the
Secretary, Road Construction Department, Government of
Patna High Court CWJC No.15181 of 2013 dt.08-12-2025
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Bihar, Patna whereby the representation filed by the petitioner
pursuant to the direction contained in order dated 19.3.2013
passed in CWJC no.18529 of 2010 was rejected. The petitioner
further prays for commanding the respondents to fix the pay of
the petitioner as an Executive Engineer w.e.f. 30.9.2008.
3. The case of the petitioner in brief is that on the
recommendation of the Bihar Public Service Commission
(BPSC), the petitioner was appointed as an Assistant Engineer
(Mechanical) in the Road Construction Department,
Government of Bihar on 7.5.1997. He was subsequently
promoted to the post of Executive Engineer on 6.8.2008 and
subsequently by order dated 26.9.2008 was authorized to work
as Incharge Executive Engineer (Mechanical) in Khagaria Sub
Division in addition to his own work. The petitioner took charge
as Executive Engineer (Mechanical) on 5.10.2008. Thereafter
the respondents came out with an order contained in memo
dated 15.10.2009 posting the petitioner on the post of Executive
Engineer at Workshop Mechanical Division, Road Construction
Department, Khagaria w.e.f. the date of his taking over charge.
4. The case of the petitioner is that he had already been
posted in Khagaria on 30.9.2008 and his posting stood
regularized on 15.10.2009. It was thus submitted that not having
Patna High Court CWJC No.15181 of 2013 dt.08-12-2025
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been treated to have actually joined as regular incumbent w.e.f.
the date he took charge on the basis of the order dated
16.9.2008
, the petitioner moved this Court in CWJC no.18529
of 2010 for a direction to the respondents for pay fixation w.e.f.
1.1.2006 as an Assistant Engineer in P.B.3 (Rs.15,600-39,100)
with Grade Pay of Rs.5400/ and as an Executive Engineer on
30.9.2008 in P.B.3 (Rs.15,600-39,100) with Grade Pay of
Rs.6600/. The writ application was disposed of directing the
petitioner to file a representation before the Secretary, Road
Construction Department, Government of Bihar which was to
be considered and decided by a speaking order within three
months. The representation filed by the petitioner was rejected
by order dated 17.6.2013 affirming the date of promotion of the
petitioner as 15.10.2009 and not 30.9.2008. It is against this
order that the petitioner has preferred the instant application.
5. Learned counsel for the petitioner submits that the
respondents should have treated the order dated 26.9.2008
authorizing the petitioner to work as Incharge Executive
Engineer (Mechanical) in Khagaria Sub Division and his
consequent joining on 30.9.2008 as his actual date of joining for
the reason that the same was subsequently regularized in case of
the petitioner vide notification no.11559 (s) dated 15.10.2009.
Patna High Court CWJC No.15181 of 2013 dt.08-12-2025
6. The application is opposed by learned counsel
appearing for the respondents. It is submitted that while granting
additional charge to the petitioner on the post of Incharge
Executive Engineer (Mechanical) Division Khagaria on
26.9.2008, the said order clearly mentioned that the same was
conditional and temporary and would automatically loose force
as and when regular posting of Executive Engineer is made.
Thus with the regular posting of the petitioner vide departmental
notification no.11559(s) dated 15.10.2009, the petitioner was
rightly allowed the pay scale of the Executive Engineer
(Mechanical) w.e.f. 15.10.2009. It is submitted that there is no
merit in the instant application and the same be dismissed.
7. Heard learned counsel for the parties and perused the
material on record.
8. The relevant facts in brief are that the petitioner filed
CWJC no.18529 of 2010 for a direction to the respondents to
issue revised pay slip of the petitioner after proper pay fixation
w.e.f. 1.1.2006 as Assistant Engineer and w.e.f. 30.9.2008 as
Executive Engineer.
9. On perusal of the records, it transpires that by
notification contained in memo no.10347 dated 5.8.2008
(Annexure-3) issued on the orders of the Governor under the
Patna High Court CWJC No.15181 of 2013 dt.08-12-2025
signature of the Deputy Secretary, Road Construction
Department, Bihar, Patna, the petitioner as also two others were
granted promotion as Executive Engineer (Mechanical) in the
pay scale of (Rs.10,000-325-15,200). The order further provided
that the financial benefits of the post of Executive Engineer
(Mechanical) would be payable from the date of taking over
charge.
10. On perusal of the letter/application dated 6.8.2008
(Annexure-4) written by the petitioner to the Deputy Secretary,
Road Construction Department, Bihar, it transpires that the
petitioner gave his joining on 6.8.2008.
11.The respondents came out with an office order
contained in memo no.12586 (s) dated 26.9.2008 giving the
additional charge of Executive Engineer (Mechanical), Khagaria
Division to the petitioner in addition to the work being
performed by him. Pursuant to the same, the petitioner took
charge at Khagaria vide charge report brought on record as
Annexure-6 on 30.9.2008 and the same was counter signed by
the Chief Engineer (Mechanical), R.C.D., Bihar on 5.10.2008.
12. So far as the posting at Khagaria Division is
concerned, the respondents came out with a notification bearing
no.11559 (s) dated 15.10.2009 posting the petitioner as
Patna High Court CWJC No.15181 of 2013 dt.08-12-2025
Executive Engineer in the Workshop Mechanical Division in
Khagaria. On the petitioner having filed his representation
pursuant to the order dated 19.3.2013 passed in CWJC no.18529
of 2010, the representation came to be rejected by order dated
17.6.2013 by the Secretary, R.C.D. on the ground that the
additional charge which was given to the petitioner by order
dated 26.9.2008, the same clearly provided that it would come
to an end in the case of regular posting being made on the post
of Executive Engineer (Mechanical).
13. So far as the petitioner is concerned, it cannot be the
case of the respondents that it was only pursuant to the
notification dated 15.10.2009 that the petitioner was given
regular promotion as Executive Engineer (Mechanical). The
petitioner had been given regular promotion as Executive
Engineer (Mechanical) along with Surya Bhushan Prasad and
Brajesh Kumar by notification contained in memo no.10347
dated 5.8.2008 (Annexure-3). The moment the petitioner was
given an Incharge post of Executive Engineer by order dated
26.9.2008 wherein he joined on 30.9.2008, the petitioner
already being a regularly promoted Executive Engineer had to
be given the benefit of said post at least from 30.9.2008. By not
giving the same and the respondents by the order impugned
Patna High Court CWJC No.15181 of 2013 dt.08-12-2025
dated 17.6.2013 having given the benefit of promotion as
Executive Engineer (Mechanical) to the petitioner w.e.f.
15.10.2009 have clearly erred.
14. Thus, in view of the facts and circumstances of the
case, the order impugned contained in memo no.4805 (s) dated
17.6.2013 issued under the signature of Secretary, R.C.D., Bihar
and communicated under the signature of the Joint Secretary of
the department cannot be sustained and is hereby set aside. The
petitioner is held entitled for fixation of his salary as Executive
Engineer (Mechanical) w.e.f. 30.9.2008.
15. The respondents are directed to fix the salary of the
petitioner as an Executive Engineer with effect from 30.9.2008
and to pay the consequential benefits to the petitioner within a
period of three months from the date of receipt/production of a
copy of this order.
16. The writ application stands allowed.
(Partha Sarthy, J)
Saurabh/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 09.12.2025
Transmission Date N/A
