Patna High Court
Employment and Labour LawAdministrative and Public Law

Authorities must consider pay-scale parity claims and grant consequential benefits if approved.

Dinesh Sharma vs The State of Bihar

Patna High CourtJUDGMENT: September 24, 20261 MIN READSOURCE JUDGMENT
Authorities must consider pay-scale parity claims and grant consequential benefits if approved.. Dinesh Sharma vs The State of Bihar. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought consideration for pay scales of Rs. 6,500–10,500 and Rs. 10,000–15,200, relying on earlier decisions concerning similarly situated employees, including a decision affirmed by the Supreme Court, and Clause 4C(1) of the Bihar State Litigation Policy, 2011.

Source reference: p.1–2

He relied also on the State’s notification, Memo No. 2178 dated 27 February 2025, and stated that his representation to the Chief Engineer had not been acted upon.

Source reference: p.2

The State submitted that the Chief Engineer was the competent authority and would consider the representation.

Source reference: p.3
02

Issues

1. Whether the petitioner’s representation seeking the claimed pay-scale benefit should be considered in light of the prior decisions and the State notification relied upon.

Source reference: p.1–3

2. Whether consequential benefits should be granted if the petitioner’s claim is found meritorious.

Source reference: p.3
03

Law Applied

The Court relied on the prior decision in C.W.J.C. No. 18433 of 2016 concerning the grant of similar pay scales, which it noted had been affirmed by the Supreme Court.

Source reference: p.1, p.3

The petitioner also invoked Clause 4C(1) of the Bihar State Litigation Policy, 2011, and the State’s notification, Memo No. 2178 dated 27 February 2025.

Source reference: p.2
04

Reasoning

In view of the prior decision and the State’s submission that the Chief Engineer was competent to consider the claim, the Court considered it appropriate to direct that authority to examine the petitioner’s representation and bring it to a conclusion.

Source reference: p.3

The Court did not itself determine the petitioner’s entitlement to the pay scales; it made consequential benefits conditional on the authority finding the claim meritorious.

Source reference: p.3
05

Holding

The writ petition was disposed of with a direction to respondent no. 2, the Chief Engineer, to consider the representation annexed as Annexure P/4 and conclude the matter, preferably within eight weeks from receipt or production of the order.

If the claim is allowed, the petitioner must receive the necessary consequential benefits.

Source reference: p.3–4
Patna High Court

Original Court PDF

Dinesh SharmavsThe State of Bihar

Patna High Court · September 24, 2026

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