PATNA HIGH COURT
Jaychandra Kumar Jha
CWJC-4758/2020
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4758 of 2020 ======================================================
Jaychandra Kumar Jha Son of Late Dinanath Jha Resident of Mohalla- Sarswati Nagar, P.S. K.Hat, District-Purnea, at Present Working as Assistant (Clerk), Government of Girl's High School , Purnea.
... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna.
3. The Principal Secretary, Department of Education, Government of Bihar, Patna.
4. The Principal Secretary, Department of Finance, Govt. of Bihar, Patna.
5. The Regional Deputy Director of Education, Purnea.
6. The District Account Officer, Purnea.
... ... Respondent/s ======================================================
Appearance :
For the Petitioner/s : Mr.Bijendra Kumar Singh, Adv.
For the Respondent/s : Mr. Prabhakar Jha (GP27)
Mr. Shankar Kumar Thakur, AC to GP-27 ======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER
5 10-03-2026 Heard the parties.
2. The instant writ petition has been filed for the following relief(s):-
“That this is an application for issuance of appropriate writ(s), order(s), direction(s) for payment of current and arrear of salary in revised scale i.e. Rs. 4000-6000/- in place of current pay scale Rs. 3050-4500/- to the petitioner from the date joining in the light of the order passed by Hon’ble High Court in CWJC No. 3353/2018, CWJC No. 8821 of 2018 dated 23.07.2018 and L.P.A. No. 167 of 2016 and also consequential benefit.”
3. Learned counsel for the petitioner submits that the petitioner is entitled to pay-scale of Rs. 4000-6000/- for which appropriate representation has already been submitted and the same has not yet been adjudicated. It has next been submitted that the issue of same pay-scale with regard to the similarly situated persons, who were appointed on compassionate ground pursuant to the recommendation of District Compassionate Appointment Committee, has already been adjudicated by the Hon’ble Full Bench in the case of Ravi Shankar Kumar v. The State of Bihar & Ors passed in CWJC No. 23831 of 2018 with its analogous cases. As such, the authorities may be directed to decide the representation of this petitioner strictly in consonance with the parameters fixed by the Hon’ble Full Bench.
4. On the other hand, learned counsel for the State submits that if the case of this petitioner falls within the same parameters, the necessary orders shall be passed by the authorities by adjudicating his grievances, for which the petitioner may be directed to file his representation with all supportive materials within four weeks, so that the same may be adjudicated within the time so framed by this Court.
5. Considering the submissions of the parties and the issues having already been adjudicated by the Hon’ble Full Bench in the case of Ravi Shankar Kumar (supra), the petitioner is directed to file a fresh representation with supportive documents in the light of the aforesaid Full Bench judgment before the authorities within a period of four weeks from today. On filing the representation of the petitioner, the State authorities is expected to pass necessary orders adjudicating the claim of the petitioner and if the petitioner is found entitled to such pay-scale, then appropriate pay-scale shall be granted to him within the period of eight weeks from the date of filing of his representation.
6. The instant writ petition stands disposed of with the observation and directions made hereinabove.
(Ajit Kumar, J)
perwez U
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