Patna High Court

CWJC/5965/2020 of Mr. Radha Mohan Sharma Vs The State of Bihar on 9 July 2026

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COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5965 of 2020 ====================================================== Mr. Radha Mohan Sharma S/o Late Gopi Chand Singh resident of Dahi Bhatta, P.o. and P.s.- Usmanchak, Via- Masaurahi, Dist.- Patna DOR- 31/07/2002, Conductor, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5965 of 2020

======================================================

Mr. Radha Mohan Sharma S/o Late Gopi Chand Singh resident of Dahi Bhatta, P.o. and P.s.- Usmanchak, Via- Masaurahi, Dist.- Patna DOR- 31/07/2002, Conductor, Patna Division

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Transport Department, Patna, Bihar

2.

The Principal Secretary, Transport Department, Patna, Bihar

3.

The Bihar State Road Transport Corporation, through the Administrator, Birchand Patel Marg, Patna, Bihar

4.

The Administrator, Bihar State Road Transport Corporation, Patna, Bihar

5.

The Chief Financial Adviser cum the Chief Accounts Officer, Bihar State Road Transport Corporation, Patna, Bihar

... ... Respondent/s

Appearance :

For the Petitioner/s

:

Mr.Bimlesh Kumar Jha, Adv.

Mr. Sanjay Singh, Adv.

For the Respondent/s

:

Mr. P. K. Verma, Sr. Adv.

Mr. Suman Kumar Jha, AC to AAG 3

======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL JUDGMENT

Date : 09-07-2026 Heard learned Advocate for the petitioner and the learned Advocate for the State.

2. The petitioner has approached this Court seeking a direction commanding upon the respondents to ensure payment of arrears of 4th Pay Revision which is applicable with effect from 01.04.1981 and its financial benefits with effect from 22.03.1988 in view of the judgment dated 24.08.1993 passed in Reference Case No. 05/1989 affirmed by the High Court and the Hon'ble Apex Court and also prayed for a direction to the Patna High Court CWJC No.5965 of 2020 dt.09-07-2026

respondents to pay the differential amount of salary and other consequential benefits.

3. A counter affidavit has been filed on behalf of the respondent nos. 3 to 5 with a categorical averments that in the light of the letter No. 1618 dated 28.06.2021 of the Deputy Chief Accounts Officer, it is evident that an amount of Rs.2,24,221/- has already been paid to the petitioner and in this regard communication has also been made under Memo No. 8911 dated 26.12.2013. The aforesaid amount has been paid through Cheque No. 022877 dated 15.01.2014 in salary head. It is further made clear that the above amount is differential amount of salary of Conductor and Assistant Traffic Inspector in the light of the 4th Pay Revision in terms with the award passed in Reference Case No. 05/1989.

4. Learned Advocate for the petitioner at this stage submitted that the amount which has been shown hereinabove to the tune of Rs.2,24,221/- has been paid under the head of salary in terms with award dated 05/96 dated 21.04.2021 passed by the Labour Court on account of promotion of the petitioner from the post of Conductor to the post of Assistant Traffic Inspector from 29.10.1988. However, till date the petitioner has not been granted arrears of difference of salary on account of 4th Patna High Court CWJC No.5965 of 2020 dt.09-07-2026

Pay Revision from 22.03.1988 to 29.10.1988 in terms with the award passed in Reference Case No. 05/1989.

5. Considering the limited grievance of the petitioner, this Court directs the respondent Nos. 4 and 5 to consider the claim of the petitioner with respect to arrears of difference of salary for the period 22.03.1988 to 29.10.1988 on account of 4th Pay Revision and take appropriate decision. In case the claim of the petitioner finds favour, necessary consequential order shall be passed along with all consequential monetary benefits.

6. The aforesaid exercise shall be a one time measure and must be completed preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

7. With the aforesaid observation and direction, the writ petition stands disposed off.

Anjani/- (Harish Kumar, J) AFR/NAFR CAV DATE Uploading Date 10.07.2026 Transmission Date

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