Sahil Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2770 of 2023 ====================================================== 1.

Sahil Saurabh Son of Late Anil Singh, Resident of Village Ward No. 7, Kaithvaliya, Gopalganj, District- Gopalganj.

2.

Abhishek Kumar Son of Late Bijendra Prasad, Resident of Village- Sri Nagar, P.S.- Siwan, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of BIhar, Patna.

2.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

3.

The Director, Health Services, Bihar, Patna.

4.

The Regional Deputy Director, Health Services, Saran Division, Chapra. 5.

The District Magistrate, Gopalganj.

6.

The Chief Medical Officer-cum-Civil Surgeon, Gopalganj. 7.

The Deputy Collector, Establishment, Collectorate, Gopalganj. 8.

The Deputy Superintendent of Sub Divisional Hospital, Hathua, Gopalganj. 9.

The Treasury Officer, Collectorate, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Adv.

For the Respondent/s :

Mr. Anuj Kumar AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2023 On mentioning slip being filed for priority listing, the matter has been listed today under the heading 'To Be Mentioned'.

2. Heard learned counsel for the petitioners and learned counsel for the State.

3. Learned counsel for the petitioners submits that the petitioners are entitled to the Pay scale of Rs. 4,000- 6,000 in

Patna High Court CWJC No.2770 of 2023(3) dt.21-09-2023 2/3 terms of decision of the Division Bench passed in L.P.A. No. 167 of 2016.

4. Learned counsel for the State submits that entitlement to the Scale is subject to consideration by a Larger Bench in terms of order passed in Civil Review No. 236/2019 and C.W.J.C. No. 23831/2018, whereby and whereunder matter has been referred to a Larger Bench.

5. It is further submitted by learned counsel for the petitioners that there being no interim stay in respect of the orders which are pending consideration before the Larger Bench, the State authorities have been extending the benefit of the claimed scale pay subject to order being passed by the Larger Bench.

6. Learned counsel for the petitioners has referred to two departmental communications dated 10-11-2022, bearing Memo No. 10465 issued by the Finance Department and one letter dated 23-01-2023, bearing Memo No. 1620 issued by the General Administration Department, Government of Bihar. It is further submitted that petitioners will be filing a representation along with a copy of this order before the respondent no. 6. It is next submitted that petitioners would be placing on record before respondent No. 6 the two communications of the Finance

Patna High Court CWJC No.2770 of 2023(3) dt.21-09-2023 3/3 Department and General Administration Department, noted above, for consideration of grant of benefit on the ground of parity with others, who have been granted benefit, subject to the result of the proceedings pending before the Larger Bench.

7. Learned counsel for the petitioners submits that they would be filing their representations/ supplement to the representations along with a copy of this order within two weeks. If the same is done, it is expected that the respondent No. 6 will pass a reasoned and speaking order in accordance with law within eight weeks thereafter.

8. Accordingly, writ petition is disposed of. (Madhuresh Prasad, J) shyambihari/- U