Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14831 of 2023 ====================================================== 1 .
Vinod Kumar son of Late Sita Ram Pandey, resident of Mohalla- Utari Bhag, Ramchandrapur, Bihar Sharif, P.S.- Laheri, District- Nalanda, at present posted as clerk in the office of District Education Office, Nalanda at Bihar Sharif.
2.
Srikant Kumar Singh, son of Late Ram Nandan Singh, resident of MohallaNalanda Colony, Ramchandrapur, Bihar Sharif, P.S.- Laheri, DistrictNalanda, at present posted as clerk in the office of District Education Office, Nalanda at Bihar Sharif.
3 .
Anuj Kumar, son of Late Kishori Prasad, resident of Village- Chandharia, P.S.- Islampur, District- Nalanda, at present posted as clerk in the office of District Education Office, Nalanda at Bihar Sharif. ... ... Petitioner/s
Versus
1 .
The State of Bihar Through Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3 .
The Director, Secondary Education, Bihar Patna. 4.
The Regional Deputy Director of Education, Patna, Bihar. 5 .
The District Magistrate, Nalanda at Bihar Sharif. 6.
The District Education Officer, Nalanda at Bihar Sharif. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar No.1, Advocate For the Respondent/s :
Mr. Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-12-2024 Heard learned counsel for the parties.
2. The petitioners who were duly appointed as Clerk and have been discharging their duties within the establishment of Regional Deputy Director, Patna have approached this Court seeking a direction upon the respondents to consider their cases for grant of revised pay scale of Rs. 4000-6000/- in place of
Patna High Court CWJC No.14831 of 2023(3) dt.10-12-2024 2/3 current pay scale Rs. 3050-4590/- to the petitioners from the date of joining in pursuance of the order dated 03.10.2018 in CWJC No. 1751 of 2018 and LPA No. 167 of 2016 dated 23.06.2017 passed by the Hon'ble High Court to direct the respondents to ensure the benefit of the pay scale of Rs. 40006000/- to the identically situated employees, like the petitioners with effect from the date of their appointment. 3 . Learned counsel for the State has submitted that since identical writ petitions have been disposed off with a direction to consider the respective claims of the similarly situated persons, in case the writ petitioners also approached before the concerned authority , there claims shall also be considered and disposed of in accordance with law .
4. Having considered the nature of the grievance and the contention of the petitioners that the case of the petitioners are squarely covered by the order passed by the learned coordinate Bench as well as Division bench of this Court, as noted hereinabove , this Court deems it fit and proper to dispose of the writ petition with direction to the respondent no. 5 the District Magistrate Nalanda at Biharsharif to examine the case of the petitioners in the light of the aforesaid noted orders / decision and pass appropriate orders in accordance with
Patna High Court CWJC No.14831 of 2023(3) dt.10-12-2024 3/3 law , within a period of three months from the date of receipt/production of a copy of this order.
5 . Suffice it to say that if the claim of the petitioners are found identical to those with whom the petitioners are seeking parity, similar benefit must be accorded to them however, in case the respondent concerned is unable to accept the contention of the petitioners, he would be obliged to pass a reasoned and speaking order.
6. This writ petition is accordingly disposed of with aforesaid directions.
(Prabhat Kumar Singh, J) Koushik/- U