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2018 Supreme(Pat) 1701

RAJENDRA MENON, RAJEEV RANJAN PRASAD
State of Bihar – Appellant
Versus
Ritesh Kumar Jha, S/o- late Jibchh Jha – Respondent


Advocates Appeared:
For the Appellants : Mr. P.N. Shahi, AAG-6, Mr.Manish Kumar, AC to AAG-6
For the Respondents: Mr. Chittaranjan Sinha, Sr.Adv., Mr. Siyaram Pandey, Adv.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. Challenge in the present Letters Patent Appeals is to the common judgment dated 21.08.2017 passed by the learned writ Court in a batch of writ applications which were heard together as analogous matters.

2. The writ petitioners, who are now private respondents in these appeals, moved this Court in its writ jurisdiction for quashing the order dated 08.06.2017, as contained in Annexure-5 to the writ application, by which the petitioners were reverted from the post of Junior Accounts Clerk/Lower Division Accounts Clerk to the post of Lower Division Clerk on the ground that they were appointed on compassionate ground in the pay scale of Rs.3050-4590/- which is now corresponding scale of Lower Division Clerk. The petitioners contended before the learned writ Court that the pay scale is always attached to a post held by the employee and whosoever is holding the said post would be entitled for the pay scale on the post on which he was appointed and regularized.

3. It is a common contention of the writ petitioners that the impugned office order (Annexure-5) has been issued in the teeth of the decision taken by the District Appointment Committee as also ag

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