Nitesh Kumar, v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1877 of 2021 ====================================================== 1.

Nitesh Kumar, Son of Mrigendra Pandit, Resident of Village and P.O.- Bhualpur, P.S.-Marhaura, District-Saran, presently working as Clerk (Assistant) in District Establishment Section, Saran at Chapra. 2.

Nikhil Kumar, Son of Nawal Kishor Singh, Resident of Vishunpura Kala, P.S.-Ekma, District-Saran at Chapra, posted as clerk (Assistant) in District Supply Section, Saran at Chapra, presently working in District Legal Section, Saran at Chapra on deputation.

3.

Pradeep Kumar Choudhary, Son of Ishwar Choudhary, Resident of Ward No. 17, Nai Bazar, P.S. Bhagwan Bazar, District-Saran at Chapra, presently working as Clerk (Assistant) in Anchal Office, Nagra, Saran. 4.

Brajesh Kumar, Son of Subhash Chandra Gupta, Resident of Rupganj, Karim Chak, P.S.-Town, P.S. Chapra, District-Saran at Chapra, presently working as Clerk (Assistant) in District Legal Section, Saran at Chapra. 5.

Awnish Shree, Son of Anup Kumar Choudhary, resident of Village-Mirpur Bhuwal, P.S. Dighwara, District-Saran, posted as Clerk (Assistant) in District Establishment Section, Saran at Chapra, at present working in the Court of Collector, Saran at Chapra on deputation. 6.

Pravin Prasad, Son of Sukhdeo Prasad, resident of Village and P.O.- Chainpur, P.S.-Siswan, District-Siwan, presently working as Clerk (Assistant) in Block Office, Dariyapur, District-Saran. 7.

Mankeshwar Ram, son of Late Mangru Ram, resident of Village and P.O.- Ekma, P.S. Ekma, District-Saran, presently working as Clerk (Assistant) in District Nazarat Section, Saran at Chapra.

8.

Kusheshwar Chaturvedi, Son of Sarveshwar Chaturvedi, resident of VillageBagahi, P.S.-Amnour, District-Saran, presently working as Clerk (Assistant) in Social Security Section, Saran at Chapra.

9.

Sujeet Kumar Singh, Son of Late Lalan Prasad Singh, resident of Mira Mushehri, P.S.-Chapra Muffasil, District-Saran, presently working as Clerk (Assistant) in District General Section, Saran at Chapra. 10.

Anil Kumar, Son of Devnath Ray, resident of Ward No. 2, Main Road, Shyamchak, P.S. Bhagwan Bazar, District-Saran, presently working as Clerk (Assistant) in Block Office, Maker, District-Saran. 11.

Rabish Chandra Gupta, Son of Subhash Chandra Gupta, resident of Near Rupan Mistri, Kanchana, P.S. Town, P.S. Chapra, District Saran, presently working as Clerk (Assistant) in District Nazarat Section, Saran at Chapra. 12.

Akash, Son of Shridhar Mukund, resident of Near Police Chowki Adda No. 2/4, P.S. Bhagwan Bazar, District-Saran at Chapra, presently working as Clerk (Assistant) in District Panchayat Section, Saran at Chapra. 13.

Chandrabhushan Kumar, Son of Bhagwan Yadav, resident of Panchpatra, Mukrera, P.S. Revilganj, District-Saran presently working as Clerk (Assistant) in Block Office, Mashrakh, District-Saran. 14.

Kishore Kunal, Son of Late Om Prakash Yadav, resident of Chapra Garhitir Kote, Devi Road, Mahavir Mandir, P.S.-Bhagwan Bazar, District-Saran at

2/5 Chapra, presently working as Clerk (Assistant) in Block Office, Nagra, District-Saran.

15.

Sujeet Kumar Sharma, Son of Arun Sharma, resident of Anawal, Kopa Samhota, P.S.-Kopa, District-Saran, presently working as Clerk (Assistant) in Anchal Office, Sadar Chapra, District-Saran at Chapra 16.

Arif Khan, Son of Mokhtar Khan, Resident of Ward No. 16, Ratanpura Beltale, Chapra, P.S. Bhagwan Bazar, District Saran at Chapra, presently working as Clerk (Assistant) in Anchal Office, Dighwara, District-Saran. 17.

Dharmendra Kumar Singh, Son of Late Ramayan Singh, resident of Bhiriya Narayanpur, P.s.-Marhoura, District-Saran, presently working as Clerk (Assistant) in Sub Divisional Office, Sadar, Chapra, 18.

Nagendra Kumar, Son of Santlal Ray, Resident of Dahiyawan Dargah, Mahmood Chowk, P.s. Town, P.S. Chapra District-Saran, presently working as Clerk (Assistant) in District Revenue Section, Saran at Chapra. 19.

Radheshyam Kumar Singh, son of Chakradhar Prasad Singh, Resident of Village and P.O.-Arout, P.S.-Rosera, District-Samastipur, presently working as Clerk (Assistant) in Block Office, Dighwara, District-Saran. 20.

Mukesh Kumar Singh, Son of Braj Kishor Singh, resident of Village and P.O.-Gopalpur, P.S. Naya Gaon, District-Saran, presently working as Clerk (Assistant) in Block Office, Garkha, District-Saran. 21.

Sanjay Kumar, Son of Ramprit Prasad, resident of Vishunpura, P.O. Gaura, P.S.-Goura O.P., District-Saran, presently working as Clerk (Assistant) in Anchal Office, Garkha, District-Saran.

22.

Amar Kumar, son of Binod Kumar Srivastava, resident of Mohan Nagar, in front of L.B. High School, P.S. Town, P.S. Chapra, District Saran, presently working as Clerk (Assistant) in Block Office, Garkha, District-Saran. 23.

Sanjeev Kumar, Son of Shivchandra Ram, resident of Yadopur, Masti Chak, P.s. Dariyapur, District-Saran, presently working as Clerk (Assistant) in Anchal Office, Garkha, District-Saran.

24.

Nikhil Kumar, Son of Navin Kumar Singh, resident of Mohiuddin Nagar, R.P.S. Railway Station, Andaur Tola, Hanuman Nagar, P.S. Mohiuddin Nagar, District-Samastipur, posted as Clerk (Assistant) in the office of Child Development Project, Chapra Sadar, presently working in the office of District Programme Officer (ICDS), Saran at Chapra on deputation. 25.

Manish Kumar, Son of Late Harendra Manjhi, resident of Village and P.O.- Mukrera, P.s. Revilganj, District-Saran, posted as Clerk (Assistant) in District Supply Cell, Saran at Chapra, presently working in the office of District Programme Officer (ICDS), Saran at Chapra on deputation. 26.

Anil Kumar Singh, Son of Rambahadur Singh, resident of Manupur Jahangir, P.S.-Doriganj, District-Saran, presently working as Clerk (Assistant) in Anchal Office, Garkha, District-Saran at Chapra. 27.

Rajeev Kumar, son of Sudarshan Ram, resident of Turkwaliya, Naini, P.S. Chapra Muffasil, District-Saran, presently working as Clerk (Assistant) in Anchal Office, Baniyapur, District-Saran.

28.

Anand Kumar, Son of Dev Narayan Prasad, Resident of Arya Nagar, Imamganj, P.S.-Town P.S. Chapra, District-Saran, presently working as

3/5 Clerk (Assistant) in Block Office, Nagra, District-Saran. 29.

Prayag Kumar Singh, Son of Chandrika Singh, resident of Village-Khadaha Purab, P.O.-Gopur, P.S. Garkha, District-Saran, presently working as Clerk (Assistant) in Anchal Office, Amnour, District-Saran. 30.

Rahul Kumar Singh, son of Harendra Kumar Singh, Resident of VillageKhanpur, P.S. Derni, District-Saran, presently working as Clerk (Assistant) in District Revenue Section, Saran at Chapra. 31.

Rajiv Prakash, Son of Indra Deo Ram, Resident of 201A, Shailesh Puri, Anisabad, P.S.-Beur, District-Patna, posted as Clerk (Assistant) in District Establishment Section, Saran at Chapra, presently working as District Legal Section, Saran at Chapra on deputation.

32.

Arvind Kumar Chaudhary, Son of Jangali Chaudhary, resident of Gandhi Chowk, Ministrial Colony, Quarter No. 10, Chapra, P.S.-Town P.S. Chapra, District-Saran at Chapra, posted as Clerk (Assistant) in Anchal Office, Dighwara, presently working in Block Office, Dighwara on deputation. 33.

Harshit Chauhan, Son of Late Ram Bihari Singh, Resident of behind Agrawal Petrol Pump, Bichla Tepla, Near Vansapti Maa Temple, Chapra, P.S. Nagar Thana Chapra, District-Saran, presently working as Clerk (Assistant) in Anchal Office, Dariyapur, District-Saran. 34.

Jitendra Kumar, Son of Rajkokil Prasad Yadav, resident of Khudra, Pachlakhi, Bishunpurwa, P.S.-Nautan, District-Siwan, posted as Clerk (Assistant) in District Development Office, Saran at Chapra, presently working in the District Transport Office, Saran at Chapra on deputation. 35.

Jaharuddin, Son of Nashruddin, resident of Village-Bangra Khurd, P.S. Revilganj, District-Saran, presently working as Clerk (Assistant) in Anchal Office, Panapur, District-Saran.

36.

Shashikant Prasad, son of Gopal Ji Prasad, resident of Muna Mohan Nagar, Chapra, P.S. -Town P.S. Chapra, District-Saran, presently working as Clerk (Assistant) in Block Office, Taraiya, District-Saran. 37.

Deepak Kumar, son of Late Deonath Baitha, resident of 550 Jagdama Road, Near Jagdamba Mandir, East Dahiyawana, P.S.Town P.S. Chapra, DistrictSaran, presently working as Clerk (Assistant) in Anchal Office, Marhoura, District-Saran.

38.

Digamber Kishor Sinha, Son of Late Harendra Kishor Sinha, resident of Ward No. 08, Sherpur, Gheghta, P.S. Chapra Muffasil, District-Saran, presently working as Clerk (Assistant) in Sub-Divisional Office, Sonepur, District-Saran.

39.

Rohit Kumar, son of Nand Lal Giri, resident of Arya Nagar, Giri Tola, Chapra, P.S. Town P.S. Chapra, District-Saran at Chapra, presently working as Clerk (Assistant) in Anchal Office, Taraiya, District-Saran. 40.

Om Prakash, Son of Mohan Prasad, resident of N.H. 85 Dahiyawan Mission Road, Chapra, P.S. Town P.S. Chapra, District-Saran, presently working as Clerk (Assistant) in Anchal Office, Nagra, District-Saran. 41.

Ghulam Ghaus, Son of Late Gulam Rasool, resident of Ward No. 09, Daulatganj, near Madrasa, Chapra, P.S. Bhagwan Bazar, District-Saran, presently working as Clerk (Assistant) in District Revenue Section, Saran at

4/5 Chapra.

42.

Ratnesh Kumar, son of Late Satish Kumar Singh, resident of VillageBaijalpur Jamuni, P.S. Sonepur, District-Saran, presently working as Clerk (Assistant) in the office of D.C.L.R., Sadar, Chapra. 43.

Ankit Kumar Mishra, Son of Late Baban Mishra, resident of Village and P.O.-Kopa, P.S. Kopa, District-Saran, presently working as Clerk (Assistant) in District Land Acquisition Office, Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

3.

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

4.

The District Magistrate-cum-Collector, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr. Manish Kumar, GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 25-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioners have prayed for the following relief(s):- "(i) To issue a writ in the nature of Mandamus commanding and directing the Respondent authorities concerned t place the services of petitioners in the pay-scale of Rs. 4000-6000/- from the date of their initial appointments as has been granted/provided to other similarly situated persons of the cadre of Lower Division Clerks working under the State of Bihar in the light of order and judgment dated 23.06.20217 passed in L.P.A.

No. 167 of 2016, whereby and whereunder the Hon'ble Division Bench of this Hon'ble Court

5/5 has been pleased to direct the Respondent authority to pay the benefit of pay-scale of Rs. 4000-6000/- retrospectively to the similarly situated persons with effect from the date of their appointment (Annexure-3 of the writ petition).

(ii) And/or any other relief or reliefs for which the petitioner is found entitled to, in the facts and circumstances of this case."

In support of the aforesaid relief petitioners submitted representation dated 23.09.2020 vide Annexure-10. Such representation is pending consideration before the concerned respondent.

Therefore, the concerned respondent is hereby directed to decide the petitioners' representation read with the judgment dated 23.06.2017 passed in LPA No. 167 of 2016 within a period of three months from the date of receipt of this order and proceed to pass speaking order and communicate the same to the petitioners.

With the aforesaid observations, the present writ petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A