Rajesh Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17415 of 2023 ====================================================== 1.
Rajesh Kumar Mishra Son of Vidyadhar Mishra, Resident of VillageSinghua Toli, Sadikpur, Patna City, Opposite Bhaskar Vidya Mandir, P.S.- Alamganj, Guljarbagh, District- Patna.
2.
Sunil Kumar, Son of Sudharsan Prasad, Resident of Village- Aurangabad Road, P.O and P.S.- Amba, District- Aurangabad. 3.
Rupesh Kumar Chaudhary, Son of Late Nirbhay Kumar Chaudhary, Resident of Village- Teghra, P.O.- Teghra, District- Munger. 4.
Aditya Prakash, Son of Late Binay Kumar Singh, Resident of Village- Bal Vihar Road, Right Side, Road no. 5, New Area Chittor Nagar, P.O. and P.S.- Aurangabad, District- Aurangabad.
5.
Anand Kumar, Son of Late Ashok Kumar Singh, Resident of VillageKharaundha, P.O.- Chandragarh, P.S.- Nabinagar, District- Aurangabad. 6.
Abhay Kumar, Son of Late Ramayan Chaudhary, Resident of VillageShahpur Akhada, Ward no. 14, P.O. - Aurangabad, District- Aurangabad. 7.
Mohammad Suaib, Son of Late Mohammad Akhtar Khan, Resident of Mohalla- Pathantoli, P.O. - Aurangabad, P.S.- Aurangabad Town, Aurangabad, District- Aurangabad.
8.
Ravi Kumar, Son of Late Awdhesh Yadav, Resident of village- Balock Coloni Deo, P.O.- Deo, District- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Health Department, Government of Bihar, Patna.
2.
The Secretary, Health Department, Government of Bihar, Patna. 3.
The Director-in-chief, Health Department, Government of Bihar, Patna. 4.
The District Magistrate, Aurangabad.
5.
The Civil Surgeon-cum Chief Medical Officer, Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Kishore For the Respondent/s :
Mr.Pankaj Kumar (Sc12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-09-2025 Heard the parties.
2. This writ application has been filed on behalf of the petitioners for the following reliefs:-
Patna High Court CWJC No.17415 of 2023(2) dt.23-09-2025 2/3 I. For a direction to the respondent authorities for grant the pay scale of Rs 40006000/- with grade pay of Rs. 2400/ instead of pay scale of Rs. 3050-4590/- with grade pay of Rs. 1900 to the petitioners from the date of their appointment considering the order passed by this Hon'ble Court in LPA No. 167 of 2016 (Avinash Kumar Chakerworty and others VS The State of Bihar & others), C.W.J.C No. 2587 of 2020 and analogous cases in light of which similarly situated persons like the petitioners who were also working as clerk have been granted the pay scale of Rs. 4000-6000/-with grade pay of Rs 2400/by the authorities.
II. For a direction to the respondent authorities to pay the arrear of difference of salary in the revised pay scale of Rs 4000-6000/-with grade pay of Rs 2400/ from the date of appointment with all consequential benefits to the petitioners.
3. Learned counsel for the petitioners submits that the claim of the petitioners in this writ application is covered by the Judgment of Division Bench of this Court dated 23.06.2017 passed in LPA No. 167 of 2016.
4. In view of the above, this writ application is disposed of with a direction to the Chief Secretary, Government of Bihar to consider the case of the petitioners in view of the Judgment of Division Bench of this Court dated 23.06.2017
Patna High Court CWJC No.17415 of 2023(2) dt.23-09-2025 3/3 passed in LPA No. 167 of 2016. The consideration must be done within six weeks from the date of receipt/communication of this order and appropriate orders shall be passed.
5. With the aforesaid directions, this application is disposed of.
6. Let a copy of this order be communicated to the Chief Secretary, Government of Bihar through FAX for its compliance.
(Sandeep Kumar, J) vikas/- U