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2021 Supreme(Pat) 361

MOHIT KUMAR SHAH
Alok Ranjan – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Amresh Kumar Singh, Advocate, Jitendra Kumar Roy, Advocate

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

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