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Judgment
Date : 11-08-2026 Interlocutory Application No.1 of 2024 has been filed to allow the petitioner to add/amend in the prayer portion of the main writ petition.
However, learned counsel for the petitioner has confined his prayer only to the extent of issuance of a writ in the
nature of certiorari for quashing of the order contained in letter no.181 dated 9-2-2024 (Anx.-3) passed by the Senior Treasury Officer, Secretariat Treasury, Patna by which the Senior Treasury Officer, Secretariat Treasury, Patna has denied/rejected the claim of the petitioner for counting of services of the petitioner w.e.f. 30-05-1979 i.e. from the date of initial appointment of the petitioner in the erstwhile Corporation on daily wages basis.
Learned counsel for the State has no objection in allowing the prayer as indicated above.
As such, Interlocutory Application No. 1 of 2024 is allowed. The prayer made aforesaid shall be treated as part and parcel of the prayer made in the main writ petition.
Accordingly, Interlocutory Application No. 1 of 2024 stands disposed of.
Re. CWJC No. 18004 of 2023
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General, Bihar, Patna.
The petitioner has filed the present writ petition for the following relief/s :-
“(i)for issuance of a writ in the nature of certiorari for quashing of the order contained in letter no.181 dated 9-2-2024 (Anx.-3) passed by the Senior Treasury Officer, Secretariat Treasury, Patna by which the Senior Treasury Officer, Secretariat Treasury, Patna has denied/rejected the claim of the petitioner for counting of services of the petitioner w.e.f. 30-05-1979 i.e. from the date of initial appointment of the petitioner in the erstwhile Corporation on daily wages basis (as amended through Interlocutory Application No.01 of 2024).
(ii)For issuance of an appropriate writ directing and commanding the respondents to give the petitioner all consequential benefits including the benefits of 3 M.A.C.P. after counting the services of the petitioner w.e.f. the date of his initial appointment i.e. from 30.05.1979.
(iii)For any other relief or reliefs of which the petitioner is legally entitled to.
Learned counsel for the petitioner submits that in an identical matter, namely, Samira Bakshi and Ors. Vs. The State of Bihar and Ors., this Court has already decided the issue vide order dated 11.07.2024, and the case of the petitioner is squarely covered by the said judgment.
Learned counsel for the State submits that a direction may be issued to the petitioner to avail his remedies in light of the provisions made in Bihar State Litigation Policy, 2011.
Learned counsel appearing for the Accountant General, Bihar submits that the matter is required to be considered and decided by the State authority concerned.
Keeping the present writ petition pending would not serve any useful purpose, particularly when the matter has remained pending before this Court since 2023.
In view of the submissions made on behalf of the petitioner that his case is squarely covered by the decision rendered in Samiran Bakshi (supra) on 11.07.2024 in CWJC No. 10192 of 2024, the respondent authority is directed to consider and decide the case of the petitioner in the light of Clause 4C of the Bihar State Litigation Policy, 2011 framed by the State Government.
It is made clear that the petitioner shall file a fresh representation, along with a copy of this order, before the authority concerned within a period of 30 days from today. Upon receipt of such representation, the authority concerned shall consider and pass a reasoned and speaking order thereon within a period of 90 days thereafter.
It is further made clear that the order contained in Annexure R/3, dated 09.02.2024, issued vide Letter No. 181, shall not come in the way of consideration of the petitioner's claim, as the said order has been passed without assigning any reason and is hereby set aside.
With the aforesaid observations and directions, the present writ petition stands disposed of.