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Patna High Court

Jaychandra Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation within four weeks and the authorities to adjudicate the claim and grant the revised pay scale, if appropriate, within eight weeks.

Summary

The petitioner, an assistant clerk in a government school, filed a writ petition seeking payment of salary in the revised pay scale of Rs.4000-6000 instead of the current Rs.3050-4500, relying on a prior Full Bench judgment in Ravi Shankar Kumar v. State of Bihar. The petitioner argued that similar compassionate appointments had already been adjudicated in his favour. The State contended that if the petitioner's case falls within the same parameters, he should first file a fresh representation with supporting documents. The Court noted that the Full Bench decision governs the matter and directed the petitioner to submit a fresh representation within four weeks, after which the authorities must decide and, if warranted, grant the revised pay scale within eight weeks. The writ petition was consequently disposed with these directions.

Issues considered

  • Whether the petitioner is entitled to the revised pay scale of Rs.4000-6000 in lieu of Rs.3050-4500.
  • Whether the Full Bench judgment in Ravi Shankar Kumar v. State of Bihar is binding on the petitioner's claim.
  • Whether the petitioner must file a fresh representation with supporting documents before the authorities can decide his claim.

Subjects

  • pay scale
  • compassionate appointment
  • writ petition
  • salary
  • administrative law
  • representation
  • full bench judgment
  • Bihar

Judgment

                     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
Patna High Court CWJC No.4758 of 2020(5) dt.10-03-2026
                                            2/3




                                  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
             Patna High Court CWJC No.4758 of 2020(5) dt.10-03-2026
                                                         3/3




                       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

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