Binod Kumar Choubey vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1914 of 2023
CNR No. BRHC010085162023
======================================================
Binod Kumar Choubey Son of Late Vindhyachal Choubey, resident of
Village- Ahirauli, P.S.- Buxar, Industrial Area, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Secretary, Health Department, Government of Bihar, Patna.
3. The Additional Secretary-Cum- Director General (Ayush), Health
Department, Govt. of Bihar, Patna.
4. The Director, Desi Chikitsa, Government of Bihar, Patna.
5. The Deputy Secretary, Health Department, Government of Bihar, Patna.
6. The Under Secretary, Health Department (Ayush), Government of Bihar,
Patna.
7. The Principal, Government Shree Dhanwantari Ayurved College and
Hospital, Buxar, (Ahirauli).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shitanshu Shekhar Mishra, Advocate
For the Respondent/s : Dr. Chandrashekhar Azad,GP-15
Mr. Abhay Kumar Upadhyay, AC to GP-15
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-10-2026
Heard Mr. Shitanshu Shekhar Mishra, learned
counsel appearing for the petitioner through virtual mode and
Mr. Abhay Kumar Upadhyay, learned AC to Dr. Chandrashekhar
Azad, learned Government Pleader -15.
2. The petitioner has filed the present writ petition
for the following relief/s :-
“(a) For quashing only that
part of the order contained in Memo No. 167

Patna High Court CWJC No.1914 of 2023 dt.27-10-2026
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(Aa. Chi.) dated 09.02.2018 issued under the
signature of the Under Secretary Health
Department, Government of Bihar, Patna
whereby while absorbing the service of the
petitioner with effect from his initial date of
appointment/absorption i.e. 01.06.1986, the
salary of the petitioner has wrongly been
fixed in the basic scale of Rs. 18,000/- in
Level-1 without granting any pay protection.
(b) For issuance of an order,
direction or writ in the nature of mandamus
commanding the respondents to revise the
salary of the petitioner granting benefit of
pay protection and fix the pay scale
nationally taking into account the initial date
of appointment i.e. 01.06.1986 and to pay
consequential benefit thereupon.
(c) For issuance of direction to
the respondents to further revise the pay
scale of the petitioner after granting him
benefit of three financial progression in
terms of modified Assured Career
Progression Scheme (MACP) which provides
for grant of thee financial progression in the
service career of an employee.
(d) For holding that fixation of
pay scale of the petitioner in the basic scale
of Rs.18,000/- in Level-1 and non-payment of
three assured career progression is in
violation of Article 14 and 16 of the
constitution of India.
(e) For grant of any other

Patna High Court CWJC No.1914 of 2023 dt.27-10-2026
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relief or reliefs which the petitioner may be
entitled in the facts and circumstances of the
case.”
3. Learned counsel for the petitioner submits that
the instant writ petition was filed in the year 2023 and a counter
affidavit has been filed on behalf of respondent nos. 2 to 6,
representing the State, wherein a letter contained in Memo No.
818 dated 29.05.2025 has been annexed. Learned counsel
further submits that a bare perusal of the said letter makes it
abundantly clear that the office order contained in Memo No.
167 (Aa. Chi.) dated 09.02.2018 has been modified. Learned
counsel further submits that, in view of the modification made
by the Special Officer on Special Duty-cum-Director General,
AYUSH, Department of Health, Government of Bihar, the
grievances of the petitioner stand redressed.
4. Learned counsel for the petitioner further
submits that, in the present circumstances, the petitioner seeks
only a direction from this Court to respondent no. 2, namely, the
Secretary, Health Department, Government of Bihar, Patna, to
implement the order dated 29.05.2025 contained in Memo No.
818 (Annexure R/2 to the counter affidavit filed on behalf of
respondent nos. 2 to 6).
5. Per contra , learned counsel appearing on behalf

Patna High Court CWJC No.1914 of 2023 dt.27-10-2026
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of the respondent-State submits that the stand of the State is
clear and the State has no objection to the implementation of the
aforesaid order dated 29.05.2025, contained in Memo No. 818.
6. In view of the changed circumstances arising
during the pendency of the present writ petition, this Court
considers it appropriate to reproduce the relevant contents of the
order dated 29.05.2025, contained in Memo No. 818 (Annexure
R/2 to the counter affidavit filed on behalf of respondent nos. 2
to 6), which read as follows:
“ vr% ekuuh; mPp U;k;ky; }kjk
lhñMCywñtsñlhñ lañ 7998@08 ¼ukxsUnz ukFk ik.Ms; ,oa vU;
cuke jkT; ljdkj ,oa vU;½] lhñMCywñtsñlhñ lañ
7736@08 ¼jketh ik.Ms; ,oa cuke jkT; ljdkj ,oa
vU;½] lhñMCywñtsñlhñ lañ 7360@08 ¼“;ke fcgkjh pkScs ,oa
vU; cuke jkT; ljdkj ,oa vU;½ rFkk lhñMCywñtsñlhñ lañ
a 9727@08 ¼fouksn dqekj pkScs ,oa vU; cuke jkT;
ljdkj ,oa vU;½ esa ekuuh; mPp U;k;ky; }kjk fnukad
24-11-2015 dks lesfdr :i esa ikfjr U;k;kns”k ,oa foÙk
foHkkxh; ijke”kZ ds vkyksd esa mDr oknksa ds
;kfpdkdÙkkZvks dks c[kkZLrh vof/k dh frfFk 29-08-2003
¼ftl fnu lsok ls gVk;k x;k½ ls muds lsok esa iqu%
lek;kstu dh frfFk rd dh vof/k dks fujarj lsok ekurs
gq, osru dk fu/kkZj.k ,oa mDr vof/k dh x.kuk lsokarykHk
vkfn ds fy, vuqekU; gksxh ijUrq mDr vof/k ds fy,

Patna High Court CWJC No.1914 of 2023 dt.27-10-2026
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osru ¼ Back Wages) ns; ugha gksxkA
foHkkxh; vkns”k la[;k &167 ¼vkñfpñ½
fnukad& 09-02-2018 ,oa “kqf) i= vkns”k la[;k &667
¼vkñfpñ½ fnukad%& 22-05-2018 bl gn rd la”kksf/kr le>k
tk;A ……...
7. In view of the operative portion of the aforesaid
memo, the present writ petition stands disposed of with a
direction to respondent no. 2, namely, the Secretary, Health
Department, Government of Bihar, Patna, to implement the
order dated 29.05.2025, contained in Memo No. 818 (Annexure
R/2 to the counter affidavit filed on behalf of respondent nos. 2
to 6), within a period of sixty days from the date of receipt or
production of a copy of this order before him.
8. In the event of non-compliance with the
aforesaid direction within the stipulated period, respondent no. 2
shall be liable to face appropriate proceedings in accordance
with law.

(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 28/10/2026
Transmission Date NA