JUDGMENT :

Chakradhari Sharan Singh, J.

1. As both the writ applications involve same legal issues and facts of the two cases are also similar to a considerable extent, they have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.

2. This is an admitted position that the posts of Lower Division Clerk and Upper Division Clerk under the State Government of Bihar were merged and rechristened as 'Assistant' with a common pay-scale with the issuance of letter No. 3734 dated 07.04.1977. Subsequently, the post of Assistant was demerged into two different cadres, namely, Lower Division Clerk (LDC) and Upper Division Clerk (UDC) with effect from issuance of a letter No. 8826 dated 20.12.2000 by the Finance Department, Government of Bihar. At the relevant point of time, the post of LDC carried pay-scale of Rs. 3050-4500, whereas pay-scale of Rs. 4000-6000 was made admissible to the post of Upper Division Clerk. Sub-clause (ii) of Clause 5 of the said letter of the Finance Department dated 20.12.2000, clearly stipulated that no direct appointment on the post carrying higher pay-scale of Rs. 4000-6000 shall henceforth be made and in case where process of selection is underway, the same should be cancelled with immediate effect, even if the process of selection had been completed.

3. The petitioner of C.W.J.C. No. 7988 of 2020 (Abhay Kumar) was appointed on compassionate ground against Class-III post of Clerk by an order dated 22.01.2001 in the scale of Rs. 4000-6000, consequent upon death of his father. However, after noticing the said policy decision of the State Government of Bihar, as contained in the letter dated 20.12.2000, the District Magistrate, Samastipur, issued a subsequent order as contained in Memo. No. 283 dated 02.03.2001, modifying the pay-scale to Rs. 3050-4590 in place of Rs. 4000-6000.

4. The petitioner of C.W.J.C. No. 7965 of 2020 (Digvijay Kumar Singh) was appointed on compassionate ground vide letter dated 18.10.2001, issued under the signature of the Commissioner, Water Resources Department, in the pay-scale of Rs. 3050-4500 against a Class-III post.

5. The petitioners of both the cases claim that they are entitled to higher scale of Rs. 4000-6000.

6. It is relevant to note at this stage that the Bihar Public Service Commission (BPSC) can undertake a process of selection for appointment against Class-III posts in the then existing pay-scale of Rs. 1200-1800 (pre-revised), which was revised with the corresponding pay-scale of Rs. 4000-6000. Those, who were selected on the basis of said recruitment process, were appointed between 2005-2008 in the pay-scale of Rs. 3050-4590 (being the replacement scale of Rs. 1200-1800).

7. With a grievance that in terms of the advertisement, against which they had applied, they were entitled to pay-scale of Rs. 4000-6000, some of the candidates had approached this Court by filing a writ petition, which gave rise to C.W.J.C. No. 13577 of 2006 (Manish Kumar Pathak and Others vs. State of Bihar and Others), which was allowed by an order dated 17.12.2007 with a direction to give them pay-scale of Rs. 4000-6000 though they were appointed much after 20.12.2000. The decision of this Court dated 17.12.2007 in case of Manish Kumar Pathak (supra) was subsequently affirmed by the Supreme Court and accordingly those recruited on the basis of 1998 advertisement, as noted above, have been allowed pay-scale of Rs. 4000-6000 despite their appointments having been made after the date of demerger, i.e. 20.12.2000.

8. The petitioners claim that despite the decision of the State Government, as contained in the letter of the Finance Department dated 20.12.2000, they are entitled for pay-scale of Rs. 4000-6000, claiming parity with those appointed through process of selection pursuant to an advertisement issued by the BPSC in 1998 and granted the scale in terms of this Court's decision in case of Manish Kumar Pathak (supra).

9. The facts noted above