The court enforced salary revisions for clerks pending completion of a civil review on related conflicting orders.

ORAL JUDGMENT

Date : 18-01-2025 Heard learned counsel for the parties.

2. The petitioners have moved before this Court for the fol-

lowing reliefs:

“(i) For issuance of appropriate writ(s), or- der(s), direction(s) for payment of current and arrear of salary in revised scale i.e. Rs. 4000-6000/- and its equivalent grad pay in place of current pay scale Rs.3050-4500 and its equivalent grade pay to the petitioners from the date of joining as cleark in the light of order passed by this Court in CWJC No.25689 of 2019 dated 17.02.2020 and LPA No.167 of 2016 dated 26.06.2017 and also consequential benefit”

3. Learned counsel for the petitioners submits the case of the petitioners is squarely covered by order passed by this Court vide order dated 15.05.2024 passed in C.W.J.C. No.3819 of 2024. It is further submitted that the order passed by LPA Court is being complied by the State authorities subject to final out- come of Civil Review No. 236 of 2019 preferred by the State which would be evident from letter bearing no.1620 dated 23.01.2023 & 3628 dated 21.04.2023 issued by General Admin- istration Department, Govt. of Bihar as well as Finance Depart-

ment of Government of Bihar respectively. He further submits that a Co-ordinate Bench of this Court taking into consideration various orders passed by different Benches of this Court has granted similar relief to similarly situated persons in C.W.J.C.

No. 188 of 2021 by order dated 09.07.2021.

4. On the other hand, learned counsel for the State submitted that two conflicting orders were passed by two Division Benches of this Court, one in favour of similarly situated peti- tioners and another in favour of the State. The two L.P.As are L.P.A. No. 167 / 2016 in which relief was granted to the peti- tioners and another is LPA No. 100 of 2012 in which order was passed in favour of the State. In view of two conflicting orders passed by LPA Courts, a Single Bench of this Court referred the matter before Larger Bench where the civil review filed by the State along with the two LPAs are pending consideration. He further submits that a civil review application has been filed against the order passed by LPA Bench of this Court in LPA No. 167 / 2016 . Accordingly, submission is that all these writ peti-

tions be listed after disposal of Civil Review No. 236 of 2019.

5. Considering the arguments of the parties and from perusal of the materials on record, it appears that several Benches of this Court has passed order in favour of similarly situated petitioners claiming pay scale of Rs. 4000- 6000/- previously on the basis of Division Bench judgment of this Court passed in LPA No.

167 of 2016.

6. It is true that civil review preferred against the aforesaid judgment is pending before Larger Bench, however, the State in its General Administrative Department as well as Finance De- partment has come out with letters to comply with the order passed in LPA No. 167 of 2016 subject to final outcome of Civil Review No. 236 of 2019. Recently also by order dated 08.11.2023 District Magistrate, Kaimur (Bhabhua) has complied with the directions of LPA Bench granting pay scale of Rs. 4000- 6000/- to similarly situated persons subject to final out- come of Civil Review No. 236 of 2019 pending before Larger Bench.

7. Bihar State Litigation Policy , 2011 in its clause 4.C(1)

says as follows:

“4.C(1). A good number of cases are from the category of similar cases. Each government Department will aim to consider and settle the claim of the representationist / applicant employee / citizen, if the claim is found covered by any decision of the Court.

Many service matters of this nature, can be disposed of at the level of the Department it- self without compelling the litigant to co