Pulish Prasad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6562 of 2014 ======================================================
1. Pulish Prasad Son Of Late Parmeshwar Prasad Resident Of Village - Sondiha, P.S. Sondiha, District - Khagaria
2. Manoj Kumar Son Of Late Ganga Choudhary Resident Of Village - Sandalpur, P.S. Sahebpur Kamal, District - Begusarai
3. Rajnikant Ranjan Son Of Sri Satya Narain Pandit Resident Of Village - Bhagat Tola, P.S. Bhagat Tola, District - Khagaria
4. Sanjay Kumar Choudhary Son Of Sri Kisun Prasad Choudhary Resident Of Village - Pachrukhi, P.S. Itwa, District - Munger
5. Prabhar Kumar Son Of Sri Satya Narain Pandit Resident Of Village - Bhagat Tola, P.S. Bhagat Tola, District - Khagaria
6. Yashwant Paswan Son Of Sri Jagdish Paswan Resident Of Village - Gyambati Tapua, P.S. Pirpaiti, District - Bhagalpur
7. Richa Harsh Son Of Rajendra Prasad Resident Of Village - Sondiha, P.S. Sondiha, District - Khagaria
8. Rajendra Kumar Son Of Sri Jagdish Paswan Resident Of Village - Gyanbati Topur, P.S. Budhchak, District - Bhagalpur
9. Mangal Singh Muneda Son Of Sri Aghnu Singh Munda Resident Of Village - Dulmi, P.S. Tamar District - Ranchi ( Jharkhand )
10. Santosh Kumar Son Of Sri Ganesh Paswan Resident Of Village - Nankhu Manda Tola, P.S. Khagaria, District - Khagaria
11. Manish Kumar Son Of Sri Bishundev Prasad Resident Of Village - Jhanjhara,P.S. Pasraha, District - Khagaria
12. Ajay Kumar Son Of Sivnandan Prasad Resident Of Village - Mahisi, P.S. Tilakpur, District - Bhagalpur
13. Viklal Sonkh Son Of Viswamber Sankh Resident Of Village - Hardi Beta, P.S. Sataki, District - Ranchi ( Jharkhand ) .... .... Petitioners
Versus
1. The State Of Bihar Through Secretary, Rural Development Department, Bihar, Patna
2. Agriculture Director, Department Of Agriculture, Bihar, Patna
3. Deputy Director Of Agriculture, Bihar, Patna
4. Collector - Cum - District Magistrate, Khagaria
5. Secretary - Cum - Commissioner, Department Of Finance, Bihar, Patna .... .... Respondents ====================================================== Appearance :
For the Petitioners : Mr. Sujit Kumar Sinha, Advocate and Mr. Mukesh Kumar Sinha, Advocate For the Respondents : Mr. Anirban Kundu, Standing Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.
Patna High Court CWJC No.6562 of 2014 (3) dt.03-08-2018 2/3 Learned counsel for the petitioners submits that in case of Satyendra Kumar and another Vs. State of Bihar and others, decided under order dated 13.7.2007, passed in C.W.J.C.No. 11879 of 2004, as affirmed by the Division bench of this Court in order dated 13.5.2011, passed in LPA No. 959 of 2007 the petitioners of the said proceedings have been allowed the revised scale of Rs.4000-6000, whereas instant petitioners have been placed in the scale of Rs.3200-4900 though they have the same qualification and are working on the same post. Learned counsel for the respondents has disputed the claim of the petitioners by submitting that the petitioners' appointment is subsequent to coming into force of Finance Department resolution dated 8.2.1999.
Learned counsel for petitioners submits that he will approach the authorities claiming parity with Satyendra Kumar relying upon the 2011 Litigation Policy of the Government of Bihar.
Petitioners may stake their claim on the principle of "Equal pay for equal work" policy on basis of the fact that they too had been appointed under the 1987 Rules and are equally qualified as the said persons, and discharging the same work. In view of such limited submission, and without
Patna High Court CWJC No.6562 of 2014 (3) dt.03-08-2018 3/3 expressing any opinion on merits of the submission, the writ petition is disposed of with liberty to the petitioners to approach the competent authority being respondent no.5 (the Secretary cum Commissioner, Department of Finance, Bihar, Patna). If such representation is filed within a period of four weeks from today, respondent no.5 shall consider claim of the petitioners and dispose of the same by a reasoned and speaking order within a period of three months thereafter.
(Madhuresh Prasad, J) Shashi.
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