Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16232 of 2024 ====================================================== 1.

Ashok kumar Son of Late Surendra Prasad Singh Revenue Clerk, Circle Office- Punpun, Police Station and Block- Punpun, District- Patna. 2.

Radha Krishna Ojha, Son of Late Sidhnath Ojha, Revenue Clerk, Circle Office- Dulhin Bazar, Police Station Block- Dulhin Bazar, District-Patna. 3.

Raj Mangal Singh, Son of Late Ram Naresh Singh, Revenue Clerk, Anchal and Police Station- Bikramganj, District- Rohtas. 4.

Onkar Nath Pandey, Son of Late Radha Mohan Pandey, Revenue Clerk, Anchal and Police Station- Shahpur, District- Bhojpur. 5.

Ram Ekbal Sharma Son of Late Nema Mistry, Lower Division Clerk, Revenue Department, Chakbandi Office, Karakat, Police Station-Karakat, District- Rohtas.

6.

Yogendra Sing Son of Late Ram Janam Singh, Revenue Clerk, AnchalTaraiya, Police Station- Taraiya, District- Saran. 7.

Lalan Singh, Son of Late Raj Narayan Singh, Revenue Clerk, Anchal OfficeMaker, Police Station- Maker, District- Saran. 8.

Sri Prakash Singh, Son of Late Mahesh Prasad Singh, Revenue Clerk, Anchal and Police Station- Dighwara, District- Saran. 9.

Santosh Kumar, Son of Late Mahendra Prasad Ojha, Lower Division Clerk in Office of C.D.P.O., Garhani, Police Station- Garhani, District- Bhojpur. 10.

Ranjeet Singh, Son of Late Bidhya Sagar Singh, Lower Division Clerk, Collectorate Arrah, Police Station and District- Bhojpur (Arrah). 11.

Ram Kishore Rai, Son of Late Laxmishwar Ray, Lower Division Clerk, Excise Officer, Narkatiyaganj, Police Station- Narkatiyaganj, District- West Champaran.

12.

Kishore Kumar Singh, Son of Late Hari Dayal Singh, Lower Division Clerk, Excise Office, Madhubani, Police Station and District- Madhubani. 13.

Renu Sinha, Wife of Vinay Chaudhary, Lower Division Clerk, C.D.P.O. Office, Barbigha, Police Station- Barbigha, District- Sheikhpura. 14.

Meera Kumari, Daughter of Late Ram Prasad, Lower Division Clerk, Industrial Training Centre, Kalyanbigha, Police Station- Chandi, DistrictNalanda. ... ... Petitioner/s

Versus

1.

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

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

3.

The Director, Department of Employment and Training, Government of Bihar, Patna.

4.

The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

Patna High Court CWJC No.16232 of 2024(2) dt.24-10-2024 2/3 5.

The Director, I.C.D.S., Bihar, Patna.

6.

The Additional Chief Secretary, Department of Excise, Government of Bihar, Patna.

7.

The Excise Commissioner, Bihar, Patna.

8.

The District Magistrate, Bhojpur at Arrah.

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

For the Petitioner/s :

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

Mr. Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-10-2024 Heard the parties.

2. The petitioners have been appointed on Class 3 post of Lower Division Clerk as well as Revenue Clerk in different departments on or after 10.12. 2010 in the pay scale of Rs. 3090-4590/- have invoked the jurisdiction of this Court seeking a direction upon the concerned respondent to consider the claim of the petitioners for grant of pay scale of Rs. 4000-6000/- in the light of the decision of the learned Division Bench in case of Avinash Kumar Chakerworty and Ors. Vs. The State of Bihar & Ors. (L.P.A. No. 167 of 2016) as well as different orders passed by learned co-ordinate Bench of this Court.

3. After some argument learned Advocate for the petitioner contended that other similarly situated person have approached before this Court in CWJC No. 14982 of 2024 and the writ petition has been disposed off with a liberty to the

Patna High Court CWJC No.16232 of 2024(2) dt.24-10-2024 3/3 petitioner to file representation before the concerned respondent in the light of the afore-noted judgments.

4. Learned Advocate for the State has no objection if the petitioners file representation before the concerned respondent who shall consider the claim of the petitioner in accordance with law and dispose off the same.

5. Considering the submissions advanced on behalf of the parties and taking note of the relief sought for, the writ petition stands disposed off with a liberty to the petitioners to approach before the concerned respondent by filing an appropriate representation.

6. In case such a representation is filed preferably within a period of four weeks from today, the concerned respondent shall consider the claim of the petitioner in the light of the afore-noted judgments/orders preferably within a further period of twelve weeks and pass a reasoned and speaking order.

7. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U