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Patna High Court
Sunil Kumar Singh vs The State Of Bihar on 13 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 18251 of 2023
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Sunil Kumar Singh Son of Late Ramanand Singh, Resident of Village and
P.O.- Kiranpur, P.S.- Shahkund, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Road
Construction Department, Bihar, Patna.
2. The Engineer-in- Chief, Road Construction Department, Bihar, Patna.
3. The Executive Engineer, Road Construction Department, Road Division,
Kishanganj.
4. The District Accounts Officer, Purnia.
5. The Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Prashant Sinha, Advocate
For the S t a t e : Mr.Government Pleader (18)
For the Accountant
General : Mr Binod Kr Labh, Advocate
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CORAM: HONOURABLE MR JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 13-02-2026
Heard learned counsel for the parties.
2 The present writ petition has been filed for the
following reliefs:
"(i) For issuance of writ in the nature
of certiorari for quashing of letter contained in
Memo No 746 dated 29.06.2018 issued by the
Executive Engineer, Road Construction
Department, Road Division, Kishanganj
whereby the fixation of pay under the 6th & 7th
pay revision has been cancelled without
assigning any reason.
Patna High Court CWJC No.18251 of 2023 dt.13-02-2026
2/5
(ii) For necessary direction upon the
respondent authorities to grant the benefit of 6th
& 7th pay revision to the petitioner in terms of
Memo No 532 dated 05.05.2018 and pay the
consequential benefits, including arrears of
salary and consequent revision of retiral benefits
such as pension, gratuity and leave encashment
and to pay the differential amount of such retiral
benefit.
(iii) For any other direction which
Your Lordships may deem fit and proper in the
facts and circumstances of the case."
3 The learned counsel for the petitioner submits that the
petitioner was appointed as a Junior Engineer in the Road
Construction Department on 15.01.1988 and while he was working
in the office of the Chief Engineer, Rural Engineering
Organization, Patna, on 12.11.1999, he was taken into custody on
05.01.2000
in relation to a CBI case relating to bitumen scam.
Subsequently, he was released from jail on 05.04.2000 and gave
his joining on 16.04.2000 before the Engineer-in-Chief and his
suspension was revoked in July, 2000. On 29.09.2003, the
petitioner was again placed under suspension under the provisions
contained in Rule 100 of the Bihar Service Code against which he
preferred a writ petition bearing CWJC No 542 of 2004 which was
allowed vide order dated 14.03.2005 with a direction to reinstate
the petitioner with all consequential benefits and in view of the
order passed by this Court, the order of suspension was revoked on
Patna High Court CWJC No.18251 of 2023 dt.13-02-2026
27.05.2005. The petitioner was granted the benefit of 6th and 7th
pay revision by the competent authority vide order contained in
Memo No 532 dated 05.05.2018 issued under the signature of
Executive Engineer, Road Construction Department, Road
Division, Kishanganj. The said benefit was immediately
withdrawn after a lapse of just one month vide Memo No 746
dated 29.06.2018 issued under the signature of Executive
Engineer, Road Construction Department, Road Division,
Kishanganj whereby a corrigendum was issued by which the
benefit of 6th and 7th pay revision granted to the petitioner has been
cancelled, without assigning any reason. The petitioner kept on
filing representations, but till the date of his retirement, i e
31.01.2023, the same was not restored and being aggrieved with
the same, the petitioner has filed the present writ application.
4 A counter affidavit has been filed on behalf of the
respondent-State wherein it has been stated that the services of the
petitioner from 01.11.1999 to 17.04.2000 has not been verified and
there is a break in service. Since the service of the petitioner is not
continuous, benefit of 6th and 7th pay revision cannot be extended
and it has rightly been withdrawn by the impugned letter issued
under Memo No 746 dated 29.06.2018 by the Executive Engineer,
Road Division, Kishanganj.
Patna High Court CWJC No.18251 of 2023 dt.13-02-2026
5 The learned counsel for the petitioner submits that no
notice was issued to the petitioner before cancellation of the
impugned order contained in Memo No 746 dated 29.06.2018 and
the order impugned has been passed in complete violation of the
principles of natural justice since without issuance of any notice to
the petitioner, the benefit of 6th and 7th pay revision, which was
granted to him, has been withdrawn. The learned counsel for the
petitioner relies on a judgment dated 15.01.2015 passed by a
coordinate Bench of this Court in CWJC No 7636 of 2014,
wherein in Paragraph No 17, it has been held as follows:
"17 Yet another serious infirmity
found by the Court is that the decision contained
in Annexure 8 series has been passed in gross
violation of the principles of natural justice
because the decision so taken by the Pay
Verification Cell has serious civil consequences
for these petitioners since they are going to not
only loose out on the salary they have so earned
but even the orders of promotion etc which they
have acquired over a period of time on the basis
of the date of their initial absorption on their
respective post and position gets altered."
6 After having heard learned counsel for the parties and
after going through the documents available on record, it appears
that before issuance of impugned order contained in Memo No 746
dated 29.06.2018, no notice was given to the petitioner and
therefore, the impugned order contained in Memo No 746 dated
29.06.2018 deserves to be set aside and is, accordingly, set aside.
Patna High Court CWJC No.18251 of 2023 dt.13-02-2026
7 The respondent-authorities are directed to take
corrective measures and restore the benefit of 6th and 7th pay
revision which was granted to the petitioner prior to passing of
Memo No 746 dated 29.06.2018 and if they desire to cancel the
same then the same can be done only after following due process
of law, i e after issuance of proper notice to the petitioner and after
considering the reply, if any, to be filed by the petitioner. It is
further clarified that so far the ground taken in the counter affidavit
that the service of the petitioner for the period 01.11.1999 to
17.04.2000 has not been verified and there is a break in service,
therefore, the benefits of 6th and 7th pay revision has been
withdrawn is concerned, the respondent-authorities would look
into the matter and take corrective measures, since the same has to
be rectified by them only.
8 The writ petition is allowed in the aforementioned
terms.
(Ritesh Kumar, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.02.2026
Transmission Date NA
