Patna High Court
Lal Babu Prasad vs The State Of Bihar on 6 February, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1089 of 2025
======================================================
Lal Babu Prasad Son of Late Sukdeo Thakur, resident of Village-Nandpur,
P.O.-Narkatiya Ganj, P.S.-Shikarpur, District-West Champaran, Retired
Labour Enforcement Officer, Labour Resources Department, Bihar, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Old Secretariat, Patna.
3. The Principal Secretary, Finance Department, Government of Bihar, Old
Secretariat, Patna.
4. The Principal Secretary, Labour Resources Department, Government of
Bihar, Niyojan Bhawan, Bailey Road, Patna.
5. The Commissioner, Labour Resources Department, Government of Bihar,
Niyojan Bhawan, Bailey Road, Patna.
6. The Joint Commissioner, Labour Resources Department, Government of
Bihar, Niyojan Bhawan, Bailey Road, Patna.
7. The Deputy Secretary, Labour Resources Department, Government of Bihar,
Niyojan Bhawan, Bailey Road, Patna.
8. The Deputy Secretary, General Administration Department, Government of
Bihar, Niyojan Bhawan, Bailey Road, Patna.
9. The Deputy Secretary, Finance Department, Government of Bihar, Old
Secretariat, Patna.
10. The Labour Superintendent, East Champaran, At and P.O. and P.S.-Motihari,
District-East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahesh Narayan Parbat, Sr. Adv.
Mr. Sanjay Kumar Jha, Adv.
For the Respondent/s : Mr. Sanjay Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 06-02-2025
Heard Mr. Mahesh Narayan Parbat, learned Senior
Advocate for the petitioner and Mr. Sanjay Kumar, learned
Advocate for the State.
2. The petitioner superannuated from the post of
Patna High Court CWJC No.1089 of 2025 dt.06-02-2025
2/4
Labour Enforcement Officer, Labour Resources Department,
Bihar Patna on 0.06.2017 has approached this Court for the
following reliefs:
"(a) To issue a writ of
mandamus, commanding the respondents
to discharge their legal obligation to
provide benefit of Second A.C.P. in M. A.
C. P. Scheme, to the petitioner from the
date from which he had become entitled
in law for the same and to pay its amount
to the petitioner from his due date, on
which date the petitioner became eligible
for the same after completion of 24 years
of service.
(b) To issue a further writ of
mandamus, commanding the respondents
to calculate and pay dues amount of
difference of salary of petitioner for the
period in between 1.4.2017 to June 2017,
which has not been paid to him without
any reason, in illegal and arbitrary
manner.
(c) To issue a further writ of
mandamus, commanding the respondents
to pay the benefit of enhancement of his
increment in salary for the period of
2017, which was due in the month of July
2017 and Petitioner had retired in the
month of June 2017.
(d) To any other relief or
relief's for which the petitioner may be
found entitled to."
3. Learned Senior Advocate referring to the averments
made in the writ petition has submitted that the petitioner on
being found duly qualified was appointed on the post of Social
Organizer (Samaj Aayojak) by Assitant Labour Commissioner
Patna High Court CWJC No.1089 of 2025 dt.06-02-2025
3/4
(Agricultural Labour), Motihari vide Officer Order No. 12 dated
01.08.1986
, along with other eligible employees by the order of
the Labour Commissioner, Bihar, the copy of which has been
placed on record as Annexure-2 to the writ petition. It is further
contended that on being found eligible, the petitioner also
promoted on the post of Labour Enforcement Officer along with
other eligible employees vide Office Order No. 30 dated
17.08.2009. The petitioner after having rendered unblemished
service, superannuated from the Labour Enforcement Officer on
30.06.2017.
4. It is the contention of the learned Senior Advocate
that at the time of his superannuation, the 7 th Pay Revision has
already been implemented in the department with effect from
01.04.2017, but the petitioner has neither been accorded the
benefit of 2nd ACP/MACP, nor he has been accorded the revised
salary on account of pay revision and the pension, based upon
such revision. In order to redress his grievance, the petitioner,
time and again has approached before the Labour
Superintendent, East Champaran, Motihari as well as Labour
Commissioner, Bihar, Patna, but till date, no order has been
passed. In support of the aforesaid contention, copy of the
representation has been placed on record.
Patna High Court CWJC No.1089 of 2025 dt.06-02-2025
5. At this stage, learned Advocate for the State
submits that the petitioner had already superannuated in the year
2017 itself, and now the petitioner has approach this Court after
a delay of eight years, moreover, the representation of the
petitioner is pending before the competent authority, who shall
take a final decision in the matter.
6. Having considered the submissions advanced on
behalf of the learned Advocate for the respective parties, this
Court deems it appropriate to dispose off the writ petition with a
direction to the respondent no. 5 to consider the representation
of the petitioner dated 29.12.2023 as contained in Annexure-4
series to the writ petition and pass a reasoned and speaking
order, preferably within a period of twelve weeks, from the date
of receipt/production of a copy of this order.
7. Suffice it to observe that in case, the claim of the
petitioner finds favour, necessary consequential monetary
benefits shall be accorded to him within the period, aforenoted.
8. The writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.02.2025
Transmission Date NA
