Ravi Bhushan Sahay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14982 of 2024 ====================================================== 1.

Ravi Bhushan Sahay Son of Hridaya Narayan Sahay Retired Revenue Clerk, Anchal And Police Station-Orai, District - Muzaffarpur. 2.

Rajendra Prasad Bhagat Son of Late Bhardul Bhagat Retired Revenue Clerk, Anchal And Police Station-Muraul, District - Muzaffarpur. 3.

Ram Babu Singh Son of Late Baidyanath Singh Retired Revenue Clerk, Anchal And Police Station-Gaighat, District - Muzaffarpur. 4.

Sitaram Thakur Son of Late Haldhar Thakur Retired Revenue Clerk, Anchal And Police Station-Gaghat, District - Muzaffarpur. 5.

Chandra Kishore Yadav Son of Late Ramanand Ray Posted as Revenue Clerk, Anchal And Police Station-Musahari, District - Muzaffarpur. 6.

Vijay Kumar Tiwari Son of Nand Kishore Tiwari Posted as Revenue Clerk, Anchal And Police Station-Sakra, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secreary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Additional Chief Secreary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate, Muzaffarpur.

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Md. Zeeshan Kalim, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-09-2024 Heard Mr. Arun Kumar, learned counsel appearing on behalf of the petitioners and Mr. Rakesh Ranjan, learned AC to GP-22 for the State.

2. The petitioners in paragraph no. 1 of the present writ petition have sought inter alia following relief(s), which is reproduced hereinafter:

" (i) For issuance of order/direction/writ in the nature of mandamus commanding and directing upon the

Patna High Court CWJC No.14982 of 2024(2) dt.30-09-2024 2/3 Respondents concerned specially Respondent No. 2 to consider the claim of petitioner for grant of pay scale of Rs. 4,000-6,000/- instead of pay scale of Rs. 3050- Rs. 4590/- from the date of their initial appointment in view of Division Bench Judgement passed in L.P.A. No. 167 of 2016 (Avinash Kumar Chakravarti and others-Versus-State of Bihar and others) disposed of vide order dated 23.06.2017 as well as different coordinate bench judgments including C.W.J.C. No. 6661 of 2021 disposed of vide order dated 28.11.2023 as well as C.W.J.C. No. 17 of 2023 disposed of vide order dated 15.02.2023 which is related to the same Department and Revenue and Land Reforms as several similarly situated employees in the same cadre have been extended the benefit and pay scale of Rs. 4,000-6,000/- but petitioners have been deprived of the same which is contrary to Article 14 and 16 of the Constitution of India.

(ii) For further direction upon the Respondents concerned to pay the arrears of differences of salary as well as other consequential benefits after fixing the pay scale of Rs. 4,000-6,000/- from the date of their initial appointment as petitioners are ready to give an undertaking that extended benefit will depend upon the final outcome of any pending before larger Bench.

(iii) For issuance of any other order/orders for granting any other relief/reliefs for which petitioners are found entitled to in the facts and circumstances of this case."

3. Learned counsel appearing on behalf of the petitioners seeks to file detailed individual representation before the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar- Respondent No. 2, in light of the judgment dated 23.06.2017 passed in L.P.A. No. 167 of 2016, as well as, order dated 28.11.2023 passed in CWJC No. 6661 of 2021 and in light of order dated 09.07.2021 passed in CWJC No. 188 of 2021, for the relief(s) as prayed for in the present writ petition.

4. Considering the aforesaid submission, the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar- Respondent No. 2, is directed to consider

Patna High Court CWJC No.14982 of 2024(2) dt.30-09-2024 3/3 the case of the petitioners in light of the judgment dated 23.06.2017 passed in L.P.A. No. 167 of 2016, as well as, order dated 28.11.2023 passed in CWJC No. 6661 of 2021 and in light of order dated 09.07.2021 passed in CWJC No. 188 of 2021 and dispose of the individual representations filed on behalf of the petitioners within a considerable period of time.

5. With the aforesaid observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U