JUDGMENT

Mohit Kumar Shah, J. - Heard the learned counsel for the petitioners, Sri Amresh Kumar Singh, and the learned counsel appearing for the State, Sri Jitendra Kumar Roy, (SC-13).

2. The present writ petition has been filed by the petitioners for directing the respondent authorities to pay salary in the revised pay scale i.e. Rs. 4000- 6000/- in place of the basic pay scale of Rs. 3050- 4500/-.

3. The brief facts of the case are that the petitioners were granted appointment on compassionate ground on the post of Lower Division Clerk, after recommendations were made by the District Compassionate Committee vide orders dated 02.12.2014, 04.09.2015 and 31.03.2017, respectively. The appointment orders of the petitioners were then issued vide letters dated 15.12.2014, 08.09.2015 and 24.04.2017, respectively.

4. The learned counsel for the petitioners submits that the replacement scale of the pay band of Rs. 3050-4590 is Rs. 5200-20200 whereas the replacement scale of pay band of Rs. 4000-6000, though is also the same but the grade pay is higher, hence the petitioners are suffering continuing loss.

5. The learned counsel for the petitioners has relied upon a dozen of judgments rendered by coordinate Benches of this Court on the basis of the judgment rendered by the learned Division Bench of this Court in the case of Avinash Kumar Chakerworty & Anr. Vs. The State of Bihar & Ors. dated 23.06.2017 passed in L.P.A. No. 167 of 2016, which are being enumerated herein below:-

(i) Order dated 20.12.2019 passed by a coordinate Bench of this Court in CWJC No. 25552 of 2019 (Munazir Alam & Anr. Vs. The State of Bihar & Ors.)

(ii) Order dated 27.02.2020 passed by a coordinate Bench of this Court in CWJC No. 4105 of 2020 (Kundan Kishore & Anr. vs. The State of Bihar & Ors.)

(iii) Order dated 17.02.2020 passed by a coordinate Bench of this Court in CWJC No. 25689 of 2019 (Vijay Krishna Vidyarthi & Anr. vs. The Stte of Bihar & Ors.)

(iv) Order dated 25.03.2021 passed by a coordinate Bench of this Court in CWJC No. 396 of 2020 (Kr. Abhishek & Anr. vs. The State of Bihar & Ors.)

(v) Order dated 25.02.2021 passed by a coordinate Bench of this Court in CWJC No. 4065 of 2020 (Radha Shyam & Anr. vs. The State of Bihar & Ors.)

(vi) Order dated 25.02.2020 passed by a coordinate Bench of this Court in CWJC No. 2397 of 2020 (Mamta Kumari & Anr. vs. The State of Bihar & Ors.)

(vii) Order dated 03.10.2018 passed by a coordinate Bench of this Court in CWJC No. 17151 of 2018 (Manoj Kumar Chourasiya & Anr. vs. The State of Bihar & Ors.)

(viii) Order dated 03.10.2018 passed by a coordinate Bench of this Court in CWJC No. 16761 of 2018 (Dhananjay Sharma & Anr. vs. The State of Bihar & Ors.)

(ix) Order dated 10.12.2019 passed by a coordinate Bench of this Court in CWJC No. 23243 of 2019 (Sudhir Kumar & Anr. vs. The State of Bihar & Ors.)

(x) Order dated 16.10.2020 passed by a coordinate Bench of this Court in CWJC No. 2587 of 2020 (Sanjeet Kumar Satyakam & Anr. vs. The State of Bihar & Ors.)

(xi) Order dated 27.02.2020 passed by a coordinate Bench of this Court in CWJC No. 2829 of 2020 (Santosh Kumar Sinha & Anr. vs. The State of Bihar & Ors.)

(xii) Order dated 27.02.2020 passed by a coordinate Bench of this Court in CWJC No. 2822 of 2020 (Manish Kumar & Anr. vs. The State of Bihar & Ors.)

6. Per contra, the learned counsel appearing for the State, Sri Jitendra Kumar Roy (SC-13), has submitted that the case of the petitioners are distinguishable and in fact covered by another Division Bench judgment of this Court dated 19.02.2014, rendered in the case of Smt. Mosarrat Aara Khanam & Anr. vs. The State of Bihar & Ors., passed in L.P.A. No. 100 of 2012 and one another analogous case, hence are not entitled to the pay scale of Rs. 4000-6000.

7. The learned counsel for the State has further submitted that the cut-off date for the purposes of grant of pay scale of Rs. 4000-6000 was/is 20.12.2000, as is apparent from the Finance Department, Government of Bihar letter No. 8825 dated 20.