Facts
The petitioners (48 individuals) are employees of the SC/ST Welfare Department, Government of Bihar, posted across various districts.
Source reference: p. 1-3They approached the High Court seeking a writ of mandamus to be placed in Pay Level 9 as per the 7th Pay Revision Commission recommendations, which were accepted by the State via Resolution No. 3590 dated 24.05.2017, effective from 01.01.2016.
Source reference: p. 3-4Despite submitting multiple representations to the Secretary of the SC/ST Welfare Department between December 2023 and February 2026, no decision was communicated to them.
Source reference: p. 4Issues
1. Whether the respondents are obligated to decide upon the petitioners' pending representations regarding the implementation of the 7th Pay Revision Commission recommendations.
Source reference: p. 4 / para. 3-52. Whether the court should adjudicate the merits of the pay scale claim before the administrative authority has passed a reasoned order.
Source reference: p. 5 / para. 5Law Applied
The court applied the principle of administrative exhaustion and the issuance of a writ of mandamus to compel a public duty.
Source reference: no citationGovernment Resolution No. 3590 dated 24.05.2017, which reflects the State’s acceptance of the 7th Pay Revision Commission recommendations.
Source reference: p. 4When a statutory or administrative representation is filed, the concerned authority is duty-bound to dispose of it through a "reasoned and speaking order".
Source reference: p. 5Reasoning
The court declined to rule on the merits of the pay scale revision at this stage, observing that filing a counter-affidavit by the State would "unnecessarily linger" the proceedings.
Source reference: p. 5The court reasoned that since the petitioners had already filed multiple representations which remained undecided, the appropriate judicial intervention was to direct the competent authority—the Secretary of the SC/ST Welfare Department—to exercise their administrative function first.
Source reference: p. 5The court emphasized that a decision at the departmental level is a necessary precursor to further judicial adjudication.
Source reference: para 5Holding
The writ petition was disposed of without an adjudication on the merits of the pay scale claim.
The court directed Respondent No. 2 (Secretary, SC/ST Welfare Department, Bihar) to take a decision on the petitioners' representations and pass a reasoned and speaking order within 90 days from the receipt of the court’s order. The petitioners were granted liberty to file fresh or supplementary representations to support their claims.
Source reference: p. 5Original Court PDF
Subhash Chandra RajkumarvsThe State of Bihar
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