Kumar Gautam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6814 of 2023 ====================================================== 1.
Kumar Gautam S/o Late Suresh Chandra Singh R/o- Vill- Basudeva, P.ODubiyahi Ramkrishna, P.S- Saraiya, Dist.- Muzaffarpur, Presently working as Lower Divisional Clerk in the office of District Agriculture officer, Muzaffarpur 2.
Vijay Kumar S/o Late Roop Lal Sah R/o- Vill. and P.O. and P.S. Mushahari, Dist.- Muzaffarpur, Presently working as Lower Divisional Clerk in the office of District Agriculture officer, Muzaffarpur 3.
Utsav Kant S/o Late Ravindra Ram, R/o- Vill- Nawada, P.O- Mukarera, P.SRevilganj, Dist.- Saran, Presently working as Lower Divisional Clerk in the office of District Agriculture Officer, Muzaffarpur 4.
Amit Kumar S/o Late Suresh Poddar R/o-Vill- Mohanpur, P.O- Mirapur, P.SSakra, Dist.- Muzaffarpur, Presently working as Lower Divisional Clerk in the office of District Agriculture Officer, Sheohar ... ... Petitioner/s
Versus
1.
The State of Bihar Through Secretary, Agriculture Department, Governmnet of Bihar, Patna 2.
The Secretary Agriculture Department, Government of Bihar, Patna 3.
The Director Agriculture Government of Bihar, Patna 4.
The Joint Director Agriculture Tirhut Division, Muzaffarpur 5.
The District Agriculture Officer Muzaffarpur 6.
The District Agriculture Officer Sheohar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gyan Shankar, Adv.
For the Respondent/s :
Mr. Raghwanand (GA11) with Mr. Prabhat Kumar AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-09-2023 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.
Patna High Court CWJC No.6814 of 2023(2) dt.18-09-2023 2/3
3. Learned counsel for the petitioners submits that the petitioners are entitled to the Pay scale of Rs. 4,000- 6,000 in 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' representation for grant of benefit, copy of which is Annexure- 17 to the writ petition, is
Patna High Court CWJC No.6814 of 2023(2) dt.18-09-2023 3/3 pending consideration before the Director, Agriculture, Govt. of Bihar, Patna (respondent No. 3). Petitioners would be placing on record before respondent No. 3 the two communications of the Finance 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 within two weeks. If the same is done, it is expected that the respondent No. 3 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