Ritu Raj v. The State of Bihar through Additional Chief Secretary Revenue and Land

Abhishek Kumar, s/o Late Mithilesh Kumar Singh, R/O Vill- Pandriva, Masjid Chawk, P.S. - Nagar Thana Hajipur, P.O.- Hajipur, District- Vaishali.

Neha Safi, D/o Late Mustaqueem, R/O Vill- Islampur, P. O and P.S.- Goraul, District- Vaishali.

Anju Devi, s/o Late Suman Kumar, R/O Vill- Muneshwar Chowk, P. O and P.S. Jandaha, District- Vaishali.

Reetesh Kumar, s/o Late Chhotelal Ram, R/O Vill- Mansurpur, P.O Chaksikandar, P.S.- Bidupur, District- Vaishali. Babita Kumari, W/o Late Nilimesh Kumar, R/O Vill- Bhagwanpur Ratti, P.O- Baluka Ram, District and P.S.- Vaishali.

Deepak Kumar, s/o Late Dinesh Ram, R/O Vill and P.O.- Chakaladad, P.S. Vaishali, District- Vaishali.

Pintu Kumar Sharma, S/o Late Sheetal Sharma, R/O Vill- Biropur, P. O and P.S. Nainha, District- Vaishali.

Shalini Saurabh, D/o Late Sudhir Kumar Singh, R/O Vill- Kapoor chak, P.O- Gopalpur, P.S. - Nayagaon, District- Saran.

Nitu Kumari, D/o Late Binay Kumar Singh, R/O Vill- Chainpur, P. O and P.S. - Goraul, District- Vaishali.

Abhishek Kumar, s/o Late Laldev Ram, R/O Vill- Champapur, P.O- Champapur, P.S.- Baligaon, District- Vaishali.

Raman Kumar Ram, s/o Late Vishun Deo Ram, R/O Vill- Mansurpur. Ward no.02, Chaksikandar, P. O and P.S. Bidupur, District- Vaishali.

Bibhuti Bhushan Lal, s/o Late Vijay Kumar Abhilash, R/O Vill- Anwarpur, P. O- Hajipur, P.S.- Nagar Thana, District- Vaishali.

Dharmendra Kumar Singh, s/o Late Shankar Kumar Rai, R/O Vill- Govindpur, P.O Sirsa Biran P.S.- Lalganj, District- Vaishali.

Nishikant, s/o Late Binay Kumar Prasad, R/O Vill- Potwatoli, P.O. and P.S.- Lalganj, District- Vaishali.

Aman Kumar Singh, s/o Late Kiran Kumar Singh, R/O Vill and P.O.- Bara Ismail, P.S. - Maniyari, District- Muzaffarpur. Versus The State of Bihar through Additional Chief Secretary Revenue and Land Reforms Department, Govt. of Bihar. ... ... Petitioner/s The Commissioner, Trihut Division, Muzaffarpur. The District Magistrate, Vaishali.

Patna High Court CWJC No.18265 of 2024(2) dt.02-12-2024

4. The Deputy Collectorate (Establishment), Vaishali. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR Mr. Praveen Ranjan, Advocate Ms. Anuradha Singh, SC-21 : : ORAL ORDER 2 02-12-2024 Heard Mr. Praveen Ranjan, learned counsel for the petitioners and Ms. Anuradha Singh, learned counsel for the State.

The petitioners have invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution, seeking a direction upon the concerned respondents to extend the pay-scale of Rs. 4000-6000/- instead of 3050-4590/- to the petitioners with effect from the date of their appointment, who are presently working as Clerk in different offices of Collectorate, Vaishali in the light of the orders/judgments passed by this Court in L.P.A. No. 167 of 2016, C.W.J.C. No. 4065 of 2020 as also C.W.J.C. No. 3904 of 2023.

3. Learned counsel for the petitioners contended that the petitioners were duly appointed on compassionate ground on the recommendation of District Compassionate Appointment Committee but they have been accorded the pay-scale of Rs. 3050-4590/- instead of Rs. 4000-6000/-. Contention of the petitioners is in a narrow compass that the identical issue has Patna High Court CWJC No.18265 of 2024(2) dt.02-12-2024 come up before the learned Division Bench of this Court in L.P.A. No. 167 of 2016 and the learned Division Bench having considered all aspects of the matter, directed the respondents to extend the pay-scale of Rs. 4000-6000/- to the appellants. In an identical situation, similarly situated Clerks of Vaishali District approached before this Court in C.W.J.C. No. 3904 of 2023, wherein the learned co-ordinate Bench of this Court taking note of the order passed by the learned Division Bench as afore- noted, disposed off the writ petition with a liberty to the writ- petitioner(s) to file representation before the competent authority. In terms of the order of this Court, the identically situated persons filed representations and subsequently they have been allowed the benefit(s) of the admissible pay-scale of Rs.4000-6000/- vide Annexure-9 to the writ petition, is the contention of the learned counsel for the petitioners.

4. Per contra, learned counsel for the State submitted that if the contention of the petitioners is based upon the decision of this Court, they may approach before the concerned authorities, who shall examine the claim of the petitioners and pass reasoned and speaking order.

5. Considering the submissions advanced on behalf of the learned counsel for the respective parties and taking note of Patna High Court CWJC No.18265 of 2024(2) dt.02-12-2024 the nature of grievance, this Court deems it fit and proper to dispose off the writ petition with a direction to respondent no.3, the District Magistrate, Vaishali to consider the representation of the petitioners as contained in Annexure-7 to the writ petition, preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.

Suffice it to observe that in case the claim(s) of the petitioners find favour, in the light of the order/judgment passed by the learned Division Bench of this Court in L.P.A. No. 167 of 2016 as also C.W.J.C. No. 3904 2023, similar benefit(s) be given to the petitioners.