Back
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6277 of 2020 ======================================================
1. Mukesh Kumar S/o Late Ram Ratan Singh R/o Village/ Mohalla- Pachadha, P.O.- Pachadha, P.S.- Hisua, District- Nawada.
2. Satendra Kumar S/o Late Mahesh Prasad R/o Mahendru Mohalla, Babhantoli, P.S.- Sultanganj, District- Patna.
3. Binit Kumar Son of Late Uma Nandan Shahi R/o Damuchak Road, P.S.-
Kazi Mohammadpur, District- Muzaffarpur.
4. Ravi Kumar Son of Late Ram Chandra Mahto R/o Maripur Main Road, Mohalla- Kurami Tola, P.S.- Kazi Mohammadpur, District- Muzaffarpur.
... ... Petitioners Versus
1. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Building Construction Department, Bihar, Patna.
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.
5. The Secretary, Expenditure Finance Department, Govt. of Bihar, Patna.
6. The Additional Secretary, Finance Department, Govt. of Bihar, Patna.
7. The Engineer-in- Chief-cum- Special Secretary, Public Health Engineering Department, Bihar, Patna.
8. The Engineer-in- Chief, Building Construction Department, Bihar, Patna.
9. The Chief Engineer, (Mechanical), Public Health Engineering Department, Bihar, Patna.
10. The Chief Engineer, Building Construction Department, Bihar, Patna.
11. The Superintending Engineer, Public Health Engineering Circle, Muzaffarpur.
12. The Superintending Engineer, Public Health Engineering Circle, Gaya.
13. The Superintending Engineer, Building Construction Department, Circle, Muzaffarpur.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 16185 of 2012 ======================================================
Shashi Bhushan Kumar Son Of Late Ram Diwas Sinha Resident Of Village - Sarkuna, P.O. Bharatpura, P.S. Dulhin Bazar, District - Patna, Presently Posted As Accounts Clerk, Water Resources Department Design Division No.1, Anishabad, Patna. ... ... Petitioner Versus
1. The State Of Bihar
2. The Finance Secretary, Government Of Bihar, Patna.
3. The Principal Secretary, Water Resources Department, Government Of Bihar, Patna.
4. The Engineer-In-Chief-Cum- Additional Secretary-Cum- Special Secretary, Water Resources Department, Government of Bihar, Patna
5. The Chief Engineer, Water Resources Department, Of Bihar, Patna.
6. The Superintending Engineer, Water Resources Department Design, Planning And Monitoring Circle, Anishabad, Patna
7. The Executive Engineer, Water Resources Department, Design Division No.
1, Anishabad, Patna.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 9957 of 2017 ======================================================
1. Binod Kumar Mishra son of Late Damodar Mishra, R/o village- Chaksirai, P.O. & P.S.- Ujiyarpur, District- Samastipur
2. Shivam Kanhaiya son of Late Sukhdeo Prasad, R/o Keshri Cottage, Gandhi Nagar, Lane 1, Power House Road, P.O. & P.S. Begusarai, District- Begusarai 3. Shashi Bhushan Lal Das, son of Late Kameshwar Lal Das, R/o village- Dilawarpur, P.O. Milkichak, P.S.- Bahadurpur, Via Lakshmisagar, District-
Darbhanga
4. Nawal Kishore Jha, son of Late Arjun Jha, R/o village- Dhanga, P.O.-
Dhanga, P.S.-Arer, District- Madhubani
5. Pankaj Kumar son of Late Dhirendra Kumar Sinha, R/o village-
Majhvalia, P.O.- Chakra, P.S.- Muffasil Siwan, District- Siwan
6.Satyendra Nasth Tiwari, son of Late Laxmi Kant Tiwari, R/o Gandak Colony No. 3, P.O. & P.S.- Motihari, District Motihari
7. Rahul Kumar son of Late Yogendra Choudhary, R/o S/13, Malahi Pakri, P.O. & P.S. Kankarbagh, District- Patna ... ... Petitioners Versus
1. The State Of Bihar through the Principal Secretary, Finance Department, Bihar, Patna.
2. Principal Secretary, Water Resources Department, Bihar, Patna.
3. Principal Secretary, Building Construction Department, Bihar, Patna
4. Chief Engineer, Flood Control & Drainage, Water Resources Department, Samastipur
5. Chief Engineer, Central Design Organization, Water Resources, Patna.
6. Chief Engineer, Flood Control & Drainage, Water Resources Department, Muzaffarpur
7. Chief Engineer, Flood Control & Drainage, Water Resources Department, Gopalganj
8. Chief Engineer, Building Construction Department, North Bihar Upbhag, Bihar Patna ... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10350 of 2017 ======================================================
1. Ranjan Kumar S/o Late Chandrabhushan Sharma, Resident of Village-
Naudiha, P.O.- Jamuawa, P.S. Daud Nagar, District- Aurangabad.
2. Shishir Kumar, S/o Satish Kumar, Resident of Village- Gokhulpur, P.O.-
Basniva, Harnaut, District- Nalanda.
3. Sudhir Kumar, S/o Late Jeet Shankar Lal, Resident of VillageP.O.-
Kochahasha, P.S.- Kinjar, District- Arwal.
4. Singh Vipul Kumar, S/o Late Gulab Prasad Singh, Resident of Village+PO +PS+ District- Vaishali.
5. Pankaj Kumar, S/o Late Dindayal Prasad, Village+P.O.+P.S.- Daniyawa, District- Patna.
6. Niraj Kumar Roy, S/o Late Raghunath Roy, Resident of Village- Bania Chhaper, PO+PS- Gopalpur, District- Gopalganj.
7. Rajeev Ranjan Kumar, S/o Late Suresh Kumar, Resident of Village+PO-
Nagarnausa, District- Nalanda.
8. Satish Kumar, S/o Late Fateh Bahadur Singh, Resident at- Shivram Enclave, Saguna More, District- Patna.
... ... Petitioners Versus
1. The State Of Bihar through the Principal Secretary, Water Resources Department, Bihar, Patna.
2. The Principal Secretary, Department of Finance, Government of Bihar, Patna.
3. The Secretary (Expenditure), Department of Finance, Government of Bihar, Patna.
4. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.
5. The Superintending Engineer, Planning and Monitoring Circle-1, Patna. 6. The Superintending Engineer, Planning and Monitoring Circle-2, Patna.
7. The Superintending Engineer, Sichai Yojana and Monitoring Circle, Patna.
8. The Executive Engineer, Flood Control and Drainage Division, Biahrsharif, Nalanda.
9. The Executive Engineer, Sone Canal Division, District- Ara.
... ... Respondents ======================================================
with Civil Writ Jurisdiction Case No. 10435 of 2017 ======================================================
1. Sanjay Kumar Son of Late Ramakant Singh, Resident of Village-
Dharkandha Khurd, P.O.- Simri, P.S.- Dawath, District- Rohtas.
2. Rajeev Kumar Verma, S/o Late Budhdeo Prasad Verma, Resident of Village-
Ramdapatty, P.O.- Nemua, P.S.- Supaul, District- Supaul.
3. Chandra Madhav, Son of Late Sachidanand Mishra, Resident of Mohalla-
Chatturbhuj Thakur Marg, Gannipur, Muzaffarpur, P.O.- Ramna, P.S.-
Kazimahmadpur, District- Muzaffarpur.
4. Lalan Kumar, Son of Late Vishnu Deo Yadav, Resident of Mohalla-
Alalpatti, Ganga Sagar Pokhar South Side, P.O. D.M.C., District-
Darbhanga.
5. Dilip Kumar, S/o Late Lalan Prasad, Resident of At and P.O.- Gyashpur, P.S.
Paroo, District- Muzaffarpur.
6. Awadhesh Kumar Mandal, S/o Late Muneshwar Mandal, Resident of Village- Thuthi, P.O. Balua Bazar, Bhimpur, District- Supaul.
7. Pranav Prakhar, S/o Late Sachidanand Mishra, Resident of Village-
Devhitola (Deep), P.O. Darbhanga, P.S. Jhanjharpur, District- Madhubani.
8. Praphull Kumar Mahato, Son of Late Janki Prasad Mahato, Resident of Village- Kola Kushma Tola Nayadih, P.O. K.G. Asharam Gosaidih, District-
Dhanbad.
9. Prem Shankar Mishra, S/o Late Narayan Mishra, Resident of Village- Bheja, P.O. Bheja, P.S. Bheja, District- Madhubani.
10. Nikhil Ranjan, Son of Late Sachidanand Sinha, Resident of Village- Batraul, P.O. P.S.- Lalganj, District- Vaishali.
11. Rajesh Kumar, S/o Late Lakshmi Narayan Singh, Resident of Village-
Chainpura, P.O.- Bhangha- Chandpur, P.S.- Jankinagar, District- Purnia.
12. Ravi Ranjan Patel, S/o Late Nawal Kishore Singh, Resident of Village-
Baghatilha, P.O.- Jodhan Bigha, P.S.- Belchi, District- Patna.
... ... Petitioners Versus
1. The State Of Bihar through the Principal Secretary, Water Resources Department, Bihar, Patna.
2. The Principal Secretary, Department of Finance, Government of Bihar, Patna.
3. The Secretary (Expenditure), Department of Finance, Government of Bihar, Patna.
4. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.
5. The Executive Engineer, Irrigation Division, Bhagalpur, District- Bhagalpur. 6. The Executive Engineer, Tirhut Canal Division, Ratwara, District-
Muzaffarpur.
7. The Executive Engineer, Western Embankment Division, Nirmali, District-
Supaul.
8. The Executive Engineer, Local Area Engineering Organization Work Division- 1, Bihar Sharif, District- Nalanda
9. The Executive Engineer, North Koyal Canal Division, Amba, District-
Aurangabad.
10. The Executive Engineer, Irrigation Division, Birpur, District- Supaul.
11. The Executive Engineer, Eastern Embankment Division, Supaul, District-
Supaul.
12. The Executive Engineer, Irrigation Division, Araria, District- Araria.
13. The Executive Engineer, Flood Control Division, Ekangarsarai, District-
Nalanda.
... ... Respondents ======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 6277 of 2020)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate For the Respondent/s : Mr. Bijoy Kumar Sinha, AC to AAG-5 (In Civil Writ Jurisdiction Case No. 16185 of 2012)
For the Petitioner/s : Mr.Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s : Mr. Kameshwar Prasad Gupta GP 10 Mr. Satya Vrat, AC to GP-10 (In Civil Writ Jurisdiction Case No. 9957 of 2017)
For the Petitioner/s : Mr.Abhinav Srivastava, Advocate For the Respondent/s : Mr. Sudhir Kumar Upadhyay, AC to GP-7 (In Civil Writ Jurisdiction Case No. 10350 of 2017)
For the Petitioner/s : Mr. Siya Ram Shahi, Advocate Ms. Shally Kumari, Advocate For the Respondent/s : Mr.Vinay Kirti Singh- GA 2 (In Civil Writ Jurisdiction Case No. 10435 of 2017)
For the Petitioner/s : Mr. Siya Ram Shahi, Advocate Ms. Shally Kumari, Advocate For the Respondent/s : Mr. Sanjay Kumar AC to AAG -4 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
CAV JUDGMENT
Date : 17-05-2023 Heard learned counsel for the petitioners and learned counsel for the State in all these writ applications.
2. Since these matters are involving a common issue, these writ applications have been heard together on the request of the parties and are being disposed of by this common judgment. For reference C.W.J.C. No. 6277 of 2020 (Mukesh Kumar vs.
The State of Bihar & Ors.) has been taken as the lead case.
3. The petitioners in the present case are seeking the following reliefs:-
“(i) Writ of certiorari for quashing setting aside the letter no. 1041 dated 07.02.2020 issued by the Additional Secretary, Finance Department, Govt. of Bihar, Patna (Annexure-3) by which the representation filed by the petitioners in compliance of the order dated 29.08.20219 passed in CWJC NO. 2469/2019 have been rejected and be pleased to quash paragraph no. 5(ii) of Memo No. 3111 dated 25.03.2015 issued by the Secretary (Expenditure) Finance Department, Govt. of Bihar, Patna (Annexure-13) by which the actual date of demerger is wrongly shifted from 25.03.2015 to 28.09.1999 and the accounts clerk appointed after 28.09.1999 is ordered to be treated as Junior Accounts Clerk with retrospective effect whereas the only post available between 01.05.1980 to 25.03.2015 is Accounts Clerk scale meant for Senior Accounts Clerk for which the petitioners are legally entitled to hold that post with all consequential benefits and be further pleased to pass and appropriate writ/writs in the nature of.
(ii) Writ of mandamus or an appropriate writ/writs order/orders or direction/directions commanding the respondents to treat the petitioners as Accounts Clerk i.e. Senior Accounts Clerk with pay-scale of Rs.4500- 7000 (unrevised) with revised pay scale of Rs.5200- 20200 with grade pay 2800/- from the dates of their appointment with arrears and all other consequential service benefits and/or (iii) Be pleased to pass such other order on orders which may be deemed fit and proper in the facts and circumstances of the case.”
Brief Facts
4. The petitioners were admittedly appointed on compassionate ground on the post of Junior Accounts Clerk, after 28.09.1999. The appointment letters of the petitioners in C.W.J.C. No. 6277 of 2020 are Annexure ‘4’, ‘5’, ‘6’ and ‘7’ respectively.
They were placed in the pay scale of Rs. 4000-100-6000. 5. It appears that the petitioners moved this Court on earlier occasion in CWJC No. 2469 of 2019 claiming parity in the matter of grant of pay with the beneficiaries of the decision in the case of Binit Kumar and Ors. vs. State of Bihar and Ors. in CWJC No. 9921 of 2017. During the pendency of the writ application, the State Government granted parity to the petitioners treating them similarly situated with the petitioners of CWJC No. 9921 of 2017. While disposing of their writ applications, the petitioners were granted liberty to approach the respondents authorities, for grant of better benefits. The petitioners, thereafter filed a representation as contained in Annexure ‘2’ to the writ application to the Principal Secretary Department of Finance wherein they claimed pay scale of Rs. 4500-7000(unrevised) with revised pay scale of Rs. 5200 that 20,200 with grade pay PB 1 2800 from the date of their initial appointments.
6. It is the case of the petitioners in CWJC No. 6277 of
2020 that they were appointed on compassionate ground during the year 2001-2002 on the post of Junior Accounts Clerk whereas the post of Junior Accounts Clerk and Senior Accounts Clerk had already been merged on 18.02.1981 w.e.f. 01.05.1980. It is their case that the posts were demerged into Junior Accounts Clerk and Senior Accounts Clerk by virtue of Resolution No. 3111 dated 25.03.2015 issued by the Department of Finance, Government of Bihar. Thus, the submission is that because the petitioners were appointed between 01.05.1980 and 25.03.2015 during which the only post available in the cadre was of Senior Accounts Clerk, the appointment of the petitioner
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
