Md. Firoz v. The State of Bihar

13. Md. Firoz, son of late Qudus Ansari, resident of village Jermakhap, P.S. and district Aurangabad, presently posted in Primary Health Centre, Haspura

14. District Education Officer Kumar Sharma, son of Bindeshwari Mistri, village Larpur, P.S. Bodh Gaya, district Gaya, at present posted in S.D.O., Office, Aurangabad

15. Ram Pravesh Yadav, son of Gamhari Yadav, resident of village Barai Beli Via Bathua Bazar, district Gopalganj, at present posted in S.D.O. Office, Aurangabad

16. Shashi Kant Singh, son of Ram Dayal Singh, resident of Tendua Tola, P.S. Nokha, district Rohtas, presently posted in S.D.O. Office, Aurangabad 2

17. Dilip Kumar Singh, son of Sudarshan Singh, resident of village Garhbania, P.S. Madanpur, district Aurangabad, at present posted in S.D.O. Office, Aurangabad

18. Anuj Kumar, son of Jitendra Prasad, resident of village Kheriawar, P.S. Madanpur, district Aurangabad, presently posted in Goh Block district Aurangabad

19. Ashutosh Kumar, son of Awadhesh Thakur, resident of village Chandpur, P.S. Beur, district Aurangabad, presently poted in Madanpur Block.

20. Neyaz Ahsan Ansari, son of Nehal Ahsan Ansari, resident of Kabir Muhalla, P.S. and district Aurangabad, presently posted in S.D.O. Office, Aurangabad

21. Arun Kumar, son of Subedar Singh, resident of village Nepawa, P.S. Karma, district Aurangabad, presently posted in District Education Officer Block, district Aurangabad

22. Satyendra Prasad Singh, son of Ram Chandra Singh Yadav, resident of village Karmahi, P.S. Daudnagar, district Aurangabad, presently posted in Haspura Block District Aurangabad

23. Ajay Kumar Sinha, son of Shri Rajeev Ranjan Prasad Sinha, resident of village District Education Officer Markaney, P.S. Gurahi, district Aurangabad, at present posted in S.D.O. Office, Aurangabad

24. Ramanuj Kumar, son of Shri Rameshwar Prasad, resident of village, Sonfarsha, P.S. Sarsaliganj, district Nawada, at present posted in S.D.O. Office, Aurangabad .. Petitioners Versus

The State of Bihar 2. The Secretary, Department of Health, Government of Bihar, Patna 3. The Commissioner, Magadh Division, Gaya 4. The Director-in-Chief, Health Services, Bihar, Patna 5. The District Magistrate, Aurangabad 6. The Civil Surgeon-cum-Chief Medical Officer, Aurangabad .. Respondents **** /2/

13.07.2009 Heard the counsel for the petitioners and the State.

Petitioners have filed this application for commanding the respondents authorities to make their payment of salary in the scale of Rs.4000-6000/-, which is 3 replacement scale of Rs.1200-1800/-. Petitioners had applied for appointment to the posts of Assistants/Clerks in response to Advertisement No. 39 of 1992 published by the Bihar Public Service Commission. Through different advertisement numbers applications were invited for appointment on Class III post in different regional offices including district of Aurangabad. The District Magistrate, Aurangabad, on recommendation of the Bihar Public Service Commission forwarded a list of 62 candidates to the Civil Surgeon-cum- Chief Medical Officer, Aurangabad, for appointment, which also includes petitioners’ name. Petitioners were appointed through different appointment letters and joined on different dates. Petitioners’ grievance is that their salaries have not been fixed in the proper scale, in which they were actually appointed as per advertisement. Posts were advertised in the scale of Rs.4000-6000/-, which is a replacement scale of Rs.1200-1800/-. They were selected and appointed in the scale of Rs.4000-6000/-, but, appointment letters were issued mentioning lower pay scale of Rs.3050-4590/-. Further, it has been submitted by the petitioners’ counsel that the Bihar Public Service Commission had published advertisement on the same date for different districts in the State of Bihar, terms and conditions were similar for each district, similar 4 posts were advertised, only the advertisement numbers were different. Similarly situated Class III employees of Bhojpur, appointed in connection with Advertisement No. 4 of 1990 approached this Court by filing C.W.J.C. No. 13577 of 2006 as their salary was not fixed in proper pay scale of Rs.4000- 6000/- corresponding revised scale of Rs.1200-1800/-. Their appointment letters had also been issued in the lower scale of Rs.3050-4590/-. This writ application was allowed and the direction was issued to the respondents to modify the appointment letters of the writ petitioners to the extent they pay scale of Rs.3050-4590 was mentioned in place of Rs.4000-6000/-. Direction was also issued to allow the writ petitioners consequential benefits of the higher scale as early as possible.

Considering this fact that case of present writ petitioners are identical and order passed in C.W.J.C. No. 13577 of 2006 fully covers the case of the petitioners this writ application is also being disposed off with similar direction.

The respondents are directed to modify the appointment letters of the petitioners to the extent it relates to their pay scale. The salary of the petitioners be fixed in the aforesaid scale of Rs.4000-6000/- since the date of petitioners’ appointment with all consequential benefits 5 attached to the higher pay scale. The respondents are further directed to allow the petitioners the benefit of higher pay preferably within three months production/communication of this order. Cp:2/S.A. (Mridula Mishra, J.)