[Cites 1, Cited by 0]
Patna High Court
Banshidhar Upadhyay vs The State Of Bihar on 12 May, 2026
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7247 of 2026
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Banshidhar Upadhyay Son of Jawahar Upadhay, Resident of- E-8, Phase-2,
Ashiyana Nagar, P.S.- Rajiv Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar.
2. The Secretary, Public Health Engineering Department Government of Bihar,
Patna.
3. The A.C.S. General Administration Department, Government of Bihar,
Patna.
4. The A.C.S. Finance Department, Government of Bihar, Patna.
5. The Engineer in Chief Public Health Engineering Department, Government
of Bihar, Patna.
6. The Accountant General Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarveshwar Tiwary, Advocate
For the State : Mr. Rajiv Ranjan, AC to GP-20
For the Accountant General : Mr. Arun Kumar Arun, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 12-05-2026
Heard Learned Counsel for the petitioner, learned
Counsel for the State and learned Counsel for the Accountant
General.
2. The present writ petition has been filed for issuance
of an appropriate writ in the nature of Mandamus directing the
respondents, especially respondent Nos. 2 to 5, for granting benefit
of annual increment for his last year of service which has been
denied to the petitioner on the ground that petitioner has retired on
30th June, 2018 and the annual increment as per 6th Pay revision
and 7th Pay revision has been made admissible to the employee on
Patna High Court CWJC No.7247 of 2026 dt.12-05-2026
1st of July. For further direction to respondent Nos. 2 to 4 to treat
the date of retirement to the petitioner to be 1st July of his
respective year of retirement and to grant him all consequential
benefits including pensionary benefits. Further prayer is for
holding that it was incorrect as part of respondent Nos. 2 to 5 to
have denied the petitioner for his annual increment for his last year
of service in view of the fact that the petitioner, who retired on 30 th
June, 2018 in his respective year of his retirement had worked for
complete one year. Thus the annual increment which accrued on
the next date of his retirement i.e., 1 st July could not have been
denied. Further for any other appropriate relief or reliefs for which
the petitioner is entitled from the facts and circumstances of this
case.
3. Learned Counsel for the petitioner submits that the
benefit of annual increment for his last year of service has been
denied on the ground that the petitioner has retired on 30 th June,
2018 and his annual increment was accrued on 1 st July, 2018 but
without giving his annual increment and without revising his
pension on the basis of the said increment, the pension of the
petitioner was started by the respondent authority. Counsel submits
that in similarly situated matter in the case of Shiojee Rai and
Others Vs. State of Bihar decided on 29.04.2025 in CWJC No.
12575/2019, this Court has pleased to consider the case of the said
Patna High Court CWJC No.7247 of 2026 dt.12-05-2026
petitioners about their entitlement. Learned Counsel for the
petitioner further submits that the petitioner may be considered in
the light of the findings given vide order date 29.04.2025 passed in
CWJC No. 12575/2019.
4. Learned Counsel for the State submits that request for
mandamus has been made but from the writ petition it transpires
that petitioner has come this Court without filing any
representation.
5. In that view of the matter, this writ petition is
disposed off directing the petitioner to file representation along
with a copy of this order within 30 days from today before
respondent No. 5, the Engineer in Chief, Public Health
Engineering Department, Government of Bihar, Patna. Upon
receipt of the representation, respondent No. 5, the Engineer in
Chief, Public Health Engineering Department, Government of
Bihar, Patna shall pass a reasoned and speaking order in
accordance with law within 90 days thereafter.
Mkr./- (Dr. Anshuman, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.05.2026
Transmission Date
