Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14962 of 2007 ====================================================== 1. UDYANAND ABHILASHI SON OF SRI JAI NARAIN PRASAD YADAV, RESIDENT OF VILLAGE NARTHUA, POLICE STATION ALAMNAGAR, DISTRICT MADHEPURA 2. SURENDRA PRASAD SON OF KAMESHWAR PRASAD RESIDENT OF VILLAGE NARTHUA, POLICE STATION ALAMNAGAR, DISTRICT MADHEPURA 3. ASHOK KUMARA MAR SON OF SRI SIYARAM PRASAD YADAV, RESIDENT OF VILLAGE BISHAHARIA, POLICE STATION ANANDPUR DISTRICT MADHEPURA 4. MAHENDRA THAKUR SON OF SRI SITARAM THAKUR, RESIDENT OF DISTRICT VILLAGE BISHAHARIA, POLICE STATION ANANDPUR MADHEPURA 5. OM PRAKASH BHARTI SON OF SRI SITAL PRASAD YADAV RESIDENT OF VILLAGE BAGHRA POLICE STATION CHAUSA DISTRICT MADHEPURA 6. ASHWANI KUMAR SON OF SRI BRAJESHWAR PRASAD, RESIDENT OF VILLAGE WARD NO.9, VIDHAPURI, DISTRICT MADHEPURA .... .... Petitioner/s Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. AGRICULTURE DIRECTOR, DEPARTMENT OF AGRICULTURE, BIHAR, PATNA 3. DEPUTY DIRECTOR OF AGRICULTURE, BIHAR, PATNA 4. COLLECTOR CUM DISTRICT MAGISTRATE, MADHEPURA 5. SECRETARY CUM COMMISSIONER DEPARTMENT OF FINANCE, BIHAR, PATNA .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2650 of 2008 ====================================================== 1. SANJAY KUMAR SON OF LATE ANUP LAL YADAV RESIDENT OF VILLAGE TULSIYA POLICE STATION MURLIGANJ, DISTRICT MADHEPURA
Legal Reasoning
2. SHYAM SUNDER YADAV SON OF SHRI ANANDI YADAV, RESIDENT OF VILLAGE CHAUSA POLICE STATION CHAUSA DISTRICT MADHEPURA 3. BIMAL KISHORE SAHU SON OF SHRI MADAN SAH RESIDENT OF VILLAGE MAKDAMPUR POLICE STATION CHAUSA DISTRICT MADHEPURA 4. KUMAR ARBIND ARUNODAY SON OF SHRI SIYABI LAL, RESIDENT OF VILLAGE PURAINI BAZAAR POLICE STATION CHAUSA, DISTRICT MADHEPURA 5. BINOD PASWAN SON OF SHRI NAND LAL PASWAN, RESIDENT OF VILLAGE CHAUSA POLICE STATION CHAUSA DISTRICT MADHEPURA 6. SUBHASH PRASAD SINGH SON OF SHRI SURENDRA PRASAD SINGH RESIDENT OF VILLAGE MAHUA POLICE STATION GHAILER DISTRICT MADHEPURA 7. SURENDRA KUMAR SON OF SHRI YADUNANDAN PRASAD YADAV RESIDENT OF VILLAGE TAMOR PASA POLICE STATION MURLIGANJ DISTRICT MADHEPURA 8. BIJENDRA KUMAR SON OF SHRI SHANKAER PRASAD YADAV RESIDENT OF VILLAGE BISBHARI POLICE STATION UDAKISHUNGANJ DISTRICT MADHEPURA 9. AMOD RANJAN SON OF KEDAR NATH PATHAK, RESIDENT OF VILLAGE STATION BIHARIGANJ, DISTRICT POLICE MADHUKAR CHAK, MADHEPURA 10. SMT HIRA KUMARI DAUGHTER OF SHRI BHOLA SWARNKAR RESIDENT OF VILLAGE AND POLICE STATION AND DISTRICT MADHEPURA 11. AMRENDRA KUMAR SON OF SHRI PARMESHWARI PD YADAV, RESIDENT Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013 2/6 OF VILLAGE KHADHI POLICE STATION MURLIGANJ DISTRICT MADHEPURA 12. TARAKANT JHA SON OF SHRI KAMAL KANT JHA RESIDENT OF VILLAGE ALAMNAGAR POLICE STATION ALAMNAGAR DISTRICT MADHEPURA 13. PAWAN KUMAR SON OF SHRI RAM PUJAN PD.YADAV, RESIDENT OF SINGHESHWAR DISTRICT STATION POLICE VILLAGE BARHA, MADHEPURA 14. SHASHI BHUSHAN KUMAR SINHA SON OF SHRI MARUTI NANDAN SINHA, RESIDENT OF VILLAGE AND POLICE STATION BIHARIGANJ DISTRICT MADHEPURA 15. BIJAY KUMAR SON OF SHRI ANIRUDH PD YADAV RESIDENT OF VILLAGE SARELA, POLICE STATION SINGHESHWAR DISTRICT MADHEPURA 16. GHANASHYAM PD YADAV SON OF SHRI SONE LAL YADAV, RESIDENT OF VILLAGE GHARIA POLICE STATION CHAUSA DISTRICT MADHEPURA 17. DEODAT PASWAN SON OF LATE YADU PASWAN, RESIDENT OF POLICE STATION AND DISTRICT MADHEPURA 18. BINOD KUMAR SINGH SON OF SHRI YOGENDRA NARAYAN SINGH, RESIDENT OF VILLAGE SUKHASAN, POLICE STATION AND DISTRICT MADHEPURA 19. YOGENDRA RAM SON OF SHRI KUSUMLAL RAI, RESIDENT OF VILLAGE AND POLICE STATION DISTRICT MADHEPURA 20. PRADIP KUMAR SON OF SHRI LALJI YADAV, RESIDENT OF VILLAGE BISHNUPUR, POLICE STATION MURLIGANJ, DISTRICT MADHEPURA 21. RUBAN KUMAR VERMA, SON OF DEVENDRA LAL DAS, RESIDENT OF STATION MURLIGANJ, DISTRICT POLICE VILLAGE DINAPATTI MADHEPURA 22. SATYA NARAYAN HANSDA SON OF SHRI DARE HANSDA, RESIDENT OF VILLAGE KATHOTHIYA POLICE STATION BIHARIGANJ, DISTRICT MADHEPURA 23. GANESH KUMAR SON OF SHRI TUNAI PD YADAV, RESIDENT OF VILLAGE MADHEPURA WARD NO.11, POLICE STATION MURLIGANJ, DISTRICT MADHEPURA 24. RAVI LAL MUKHIYA SON OF SHRI JAGDISH MUKHIYA, RESIDENT OF VILLAGE THIKULIA, POLICE STATION KUMARKHAND, DISTRICT MADHEPURA 25. JAI KUMAR SINGH SON OF SRI DINESH KUMAR SINGH RESIDENT OF VILLAGE PARECHA, POST OFFICE TEMONELA, POLICE STATION MURLIGANJ, DISTRICT MADHEPURA. .... .... Petitioner/s Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. AGRICULTURE DIRECTOR, DEPARTMENT OF AGRICULTURE, BIHAR, PATNA 3. DEPUTY DIRECTOR OF AGRICULTURE, BIHAR, PATNA 4. COLLECTOR CUM DISTRICT MAGISTRATE, MADHEPURA 5. SECRETARY CUM COMMISSIONER DEPARTMENT OF FINANCE, BIHAR, PATNA .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5880 of 2008 ====================================================== 1. DEO KUMAR SINGH SON OF LATE SINGHESHWAR SINGH RESIDENT OF VILLAGE MAINAPATTI POLICE STATION MAHESHWWARE, POLICE STATION BABU BARHI, DISTRICT MADHUBANI 2. MANOJ KUMAR MISHRA SON OF SRI BHAGIRATH MISHRA, RESIDENT OF VILLAGE POST OFFICE JONKI POLICE STATION BASUPATTI DISTRICT- MADHUBANI. 3. VIJOY KUMAR THAKUR SON OF SRI VISHWANATH THAKUR RESIDENT OF Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013 3/6 IJOT POLICE STATION DAMU, THANA BASOPATTI DISTRICT- MADHUBANI. 4. PANDEY SUNIT KUMAR SON OF PANDEY VYAS NANDAN PRASAD, RESIDENT OF MOHALL A BATE CHOWK, POST OFFICE MADHUBANI, DISTRICT-MADHUBANI. 5. MANOJ KUMAR SINGH SON OF SRI SITA SARAN SINGH RESIDENT OF VILLAGE AND POST OFFICE PIPRAUN DISTRICT-MADHUBANI. 6. SUDHIR KUMAR SAH SON OF SRI GAJENDRA PRASAD SAH RESIDENT OF VILLAGE CHAPARIA POST OFFICE SIGHASO DISTRICT-MADHUBANI. 7. PURUSHOTTAM SON OF SRI MUCHKUND MALLICK MUKUR RESIDENT OF STATION MADHWAPUR DISTRICT- POLICE VILLAGE RAMPUR MADHUBANI. 8. SUSHIL KUMAR MANDA SON OF SRI RAM KUMAR MANDAL RESIDENT OF VILLAGE NARAHIYA POST OFFICE NARAHIYA DISTRICT-MADHUBANI. 9. SUNIL KUMAR SON OF SRI RAM SUNDAR THAKUR RESIDENT OF VILLAGE AND POST OFFICE BIRPUR DISTRICT-MADHUBANI. 10. ARUN KUMAR SINGH SON OF SRI DISTRICT EDUCATION OFFICER NANDAN SINGH RESIDENT OF VILLAGE BAUSI POST OFFICE TIRHUTE DISTRICT-MADHUBANI. 11. ARUN KUMAR JHA SON OF SRI NARAYAN JHA RESIDENT OF VILLAGE AND POST OFFICE MANPAUR, DISTRICT-MADHUBANI. 12. SANJEEV SINGH SON OF DHIRENDRA PRASAD SINGH RESIDENT OF VILLAGE AND POST OFFICE NARPATI NAGAR DISTRICT-MADHUBANI. 13. VINAY KUMAR PATHAK SON OF SRI TEJ NARAYAN PATHAK RESIDENT OF VILLAGE JHANJHARPUR POST OFFICE JHANJHARPUR DISTRICT- MADHUBANI. 14. SHAMBHUY PRASAD SON OF SRI MISHRI LAL YADAV RESIDENT OF VILLAGE AND POST OFFICE LADANIA DISTRICT-MADHUBANI. 15. RAJESHWAR PRASAD SINGH SON OF SRI RASIK LAL YADAV RESIDENT OF VILLAGE POST OFFICE SISBA BARAHI DISTRICT-MADHUBANI. 16. AJOY KUMAR ROY SON OF SRI RAM CHANDRA PRASAD ROY RESIDENT OF VILLAGE KARUNA POST OFFICE VISHAUL DISTRICT-MADHUBANI. 17. RAMAN KUMAR JHA SON OF LATE YOD NATH JHA RESIDENT OF VILLAGE JHITKIYAHI POST OFFICE EKAHARI DISTRICT-MADHUBANI. 18. UPENDRA PRASAD SINGH SON OF LATE YUGESHWAR SINGH RESIDENT OF VILLAGE CHATRA POST OFFICE CHATRA DISTRICT-MADHUBANI. 19. SANJAY KUMAR CHOUDHARY SON OF SRI RAM PRASAD CHOUDHARY, RESIDENT OF VILLAGE CHILMILIYA POST OFFICE DAMU, DISTRICT- MADHUBANI. 20. SHIVAN SAHU SON OF LATE SUKHDEO SAHU RESIDENT OF VILLAGE AND POST OFFICE DULLIPATTI DISTRICT-MADHUBANI. 21. THAKUR JITENDRA NARAYAN SINGH SON OF RAGHUNANDAN SINGH RESIDENT OF VILLAGE AND POST OFFICE BANGAMA DISTRICT- MADHUBANI. 22. NAGENDRA KUMAR SON OF SRI PARMESHWAR PRASAD SINGH RESIDENT OF VILLAGE AND POST OFFICE KHAJAULI DISTRICT- MADHUBANI. 23. HARIDEO MAHTO SON SRI ASHARFI MAHTO RESIDENT OF VILLAGE AND POST OFFICE SIMRI DISTRICT-MADHUBANI. 24. MANOJ KUMAR CHOUDHARY SON OF SRI RAM BALISHT CHOUDHARY RESIDENT OF VILLAGE BILA BALIA, POST OFFICE DEMU, DISTRICT- MADHUBANI. 25. PRATYUSH SON OF LATE GANGA PRASAD SRIVASTAVA RESIDENT OF SRI NIKETAN HOSPITAL ROAD, POST OFFICE MADHUBANI, DISTRICT- MADHUBANI. 26. PRAFFUL KUMAR JHA SON OF LATE INDRADEO JHA RESIDENT OF VILLAGE MEHATH POST OFFICE MEHATH DISTRICT-MADHUBANI. 27. SUDHAKAR JHA SON OF SRI KRISHNA KANT JHA RESIDENT OF VILLAGE POST OFFICE MANPAUR DISTRICT MADHUBANI 28. PANKAJ KUMAR JHA SON OF SRI BAMDEO JHA RESIDENT OF VILLAGE AND POST OFFICE PARSAUNI DISTRICT-MADHUBANI. 29. AWADESH KUMAR CHOUDHARYT SON OF SRI ARJUN CHOUDHARY Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013 4/6 RESIDENT OF VILLAGE AND POST OFFICE BORHA POLICE STATION BENIPATTI DISTRICT MADHUBANI 30. NAVIN CHANDRA CHOUDAHRY SON OF SRI RAMASHISH CHOUDHARYT RESIDENT OF VILLAGE AND POLICE STATION DAMU, DISTRICT- MADHUBANI. .... .... Petitioner/s Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. AGRICULTURE DIRECTOR, DEPARTMENT OF AGRICULTURE, BIHAR, PATNA 3. DEPUTY DIRECTOR OF AGRICULTURE, BIHAR, PATNA 4. COLLECTOR CUM DISTRICT MAGISTRATE, MADHUBANI. 5. SECRETARY CUM COMMISSIONER DEPARTMENT OF FINANCE, BIHAR, PATNA .... .... Respondent/s ====================================================== Appearance : (In CWJC No.14962 of 2007) For the Petitioner/s : Mr. Sujeet Kumar Sinha Mr. Indu Bhushan Pandey Mr. Manoj Kumar For the Respondent/s : Mr. Anjani Kr.Sharan & P.K.Jha AC to SC 3 in all cases. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 22-10-2013 All the three writ petitions are taken up together for disposal as the facts and issues are substantially common in each case. The petitioners were appointed as Jan Sevak/VLW on 23.2.1999 in the pay scale of Rs.1200-30-1800. They state that they are entitled for replacement scale of Rs.4000-6000/- as they were appointed in the scale of Rs.1200-30-1800 of which Rs.4000-6000 is replacement scale. The petitioners state that in fact recruitment process started in year 1987. The selection process was also completed long back. The petitioners were sent Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013 5/6 for training in the year 1993. The dispute in all the three writ petitions is with respect to the replacement scale to which they would be entitled. As reiterated earlier the petitioners state that since they were appointed in the scale of Rs.1200-30-1800 they would be entitled to replacement scale of Rs.4000-6000. However respondents have arbitrarily denied them the replacement pay scale. They further state that similar matter came for consideration before this Court in C.W.J.C.No. 11879 of 2004 (Satvendra Kumar Vs. State of Bihar and others) which was disposed of on 13.7.2007 with following observations:- to the respondent no.5 “I find that this is also a good reason for holding that the petitioners are entitled for similar scale as it has been allowed to other candidates who were selected with the petitioner. For all these reasons, I find that the petitioners have been able to make out their case for issuance of the Secretary cum direction Commissioner, Finance Department, Secretariat, Patna as well as respondent no. 1,2,3 and 4 to start making payment to the petitioners salary in the scale of Rs.4000-6000/- and to make payment of arrears of salary of this scale from the date of their appointment. The payments should be made from the date of their appointment. The respondents must complete the exercise within two months from the date of receipt/production of a copy of this order.” The State filed Letters Patent Appeal bearing LPA No. 959 of 2007 without success. I find that the issues involved in all the three writ Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013 6/6 petitions are squarely covered by the order of learned Single judge dated 13.7.2007, passed in C.W.J.C.No. 11879 of 2004, affirmed
Decision
by the Division bench. The writ petitions are disposed of in terms of order dated 13.7.2007 passed in C.W.J.C.No. 11879 of 2009 and affirmed on 13.5.2011 in LPA No. 959 of 2007. Shashi./- (Samarendra Pratap Singh, J)