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Patna High CourtCWJC/22629/2013disposed

Subodh Kumar Sinha v. The State Of Bihar And ORS

2023-06-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22629 of 2013 ====================================================== Subodh Kumar Sinha Son Of Late Maya Pati Banwari Lal Resident Of Mohalla - New Godown, P.S. Kotwali, Distt. - Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Gaya 3.

The Deputy Collector, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Respondent/s :

Mr.Mahtab Alam, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-06-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of an appropriate writ/writs /direction(s) /orders for directing the respondent-authorities to grant the pay scale of upper Division Clerk i.e. the scale of Rs. 4000/-6000/- to the petitioner from the date of his appointment who has been appointed as lower division clerk, in the scale of Rs. 3050/--4500/- by order dated- 20,.10.2001 vide memo no. 1267 though other similarly situated persons have already been granted the scale of Rs. 4000/- 6000/- from the date of the appointment and further for any other reliefs for which the petitioner may find entitled to."

The learned counsel for the Respondent-State has

Patna High Court CWJC No.22629 of 2013(2) dt.22-06-2023 2/2 referred to the counter affidavit filed in the present case to submit that though the petitioner was appointed as Lower Division Clerk on 20.10.2001 in the pay-scale of Rs. 3050/- to 4500/-, but he is claiming the pay-scale of Upper Division Clerk, which is untenable in the eyes of law, hence he cannot be granted the relief sought for.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach the respondent authorities in case of any subsisting grievances. (Mohit Kumar Shah, J) Ajay/- U