Arbind Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3092 of 2016 ===========================================================

1. Arbind Kumar, Son of Sri Devidayal Prasad, Resident of Village and P.O. Sadarpur, P.S. and District - Jehanabad.

2. Shankar Dayal Choudhary, Son of Sri Tanik Choudhary, Resident of Village - Bihta, P.O. - Mandara, P.S. and District - Sheikhpura.

3. Sajjan Kumar, Son of Late Ram Briksha Prasad Singh, Resident of Village - Payarpur, P.S. - Sermera, District - Nalanda.

4. Manoj Kumar Singh, Son of Sri Mundrika Singh, Resident of Village - Nawabgali, P.O. - Hisua, District - Nawada.

5. Dharmendra Kumar, Son of Late Ram Chandra Ram, Resident of VillageSakari Chouki, District - Arwal.

6. Ramdhani Manjhi, Son of Late Laro Manjhi, Resident of Village- Aamsoti, P.S. - Chalkushar, District - Hazaribagh (Jharkhand).

7. Ramji Prasad, Son of Late Darikshan Prasad, Resident of Village - Padsar, P.S. - Karakat, Godari, P.O. - Karankat, District - Rohtas.

8. Jairaj Kumar, Son of Sri Dashrath Ram, Resident of Village- Sambey, P.O. - Sambey, P.S. Warsaliganj, District - Nawada.

9. Manoj Kumar, Son of Late Bhagwan Das, Resident of Chadhta, P.O. + P.S. - Aradh Dibariya, District - Gaya.

10. Atal Bihari, Son of Late Sitaram Singh, Resident of Village- Malawa, P.S. - Ashthawan, District - Nalanda.

11. Sanjay Kumar, Son of Late Ram Ratan Pandit, Resident of Village- Koriyama, P.O. - Sorangpur, P.S. - Jankipur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, General and Administrative Department, Govt. of Bihar.

3. The Principal Secretary, Finance Department, Bihar, Patna.

4. The Commissioner, Magadh Division, Gaya.

5. The District Magistrate, Jehanabad.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Adv. For the Respondent/s : Mr. Dinesh Maharaj, AC to AAG-11. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 23-05-2017 Heard Mr. Shashi Bhushan Kumar, learned counsel appearing for the petitioners and Mr. Dinesh Maharaj, learned Assisting Counsel to Additional Advocate General No.11 for the

Patna High Court CWJC No.3092 of 2016 dt.23-05-2017 State.

The petitioners pray for issuance of a writ in the nature of mandamus commanding the respondents to grant pay-scale at par with the employees who though junior to the petitioners are drawing higher pay-scale.

The grievance of the petitioners so raised herein stands discussed in the representation filed on their behalf before the District Magistrate, Jehanabad and briefly discussing, it is mentioned that these petitioners in the cadre of clerks were appointed in between the year 2003 and 2004 drawing their salary in the pay scale of Rs.3050-4590/-. On the other hand those clerks appointed subsequently in the year 2005 have been granted a higher pay-scale of Rs.4000-6000/- and for the removal of such anomaly that they had represented before the District Magistrate, Jehanabad at Annexure-6 and who in turn vide letter dated 19.8.2015 sought guidelines from the Principal Secretary, Finance Department, Bihar, Patna vide Annexure-7. The grievance of the petitioner is that although a year and half have passed but did not yield any result. Having heard learned counsel for the parties and considering that the matter remains pending before the Principal Secretary, Finance Department, Bihar, Patna, I deem it proper to dispose of the writ petition with a direction to the Principal

Patna High Court CWJC No.3092 of 2016 dt.23-05-2017 Secretary, Finance Department, Bihar Patna to consider the grievance of the petitioners as reflecting in the representation present at Annexure-6 as well as in the backdrop of the recommendation of the District Magistrate, Jehanabad present at Annexure-7 and dispose of the same in accordance with law within a period of three months from the date of receipt/production of a copy of this order. The writ petition is allowed accordingly.

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