Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- NANI TAGIA
Holding
The petitioners are not entitled to the higher pay scale; the relief sought is denied.
Summary
The petitioners, appointed as Lower Division Clerks on compassionate grounds after 20‑December‑2000 in the District Magistrate’s office, Katihar, have been drawing salaries on the Rs 3050‑4590 scale. They filed a writ petition seeking a direction that the respondents pay them the higher Rs 4000‑6000 scale. Counsel for the petitioners relied on the argument that their appointments warranted the higher pay. The Court observed that a similar question had been definitively decided by the Full Bench of the Patna High Court in Ravi Shankar Kumar v. State of Bihar (2025 PLJR 162), where the claim for the higher scale was rejected. Applying that precedent, the Court held that the petitioners are not entitled to the increased pay. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- Whether the petitioners are entitled to the higher pay scale of Rs 4000‑6000 in place of the existing Rs 3050‑4590 scale.
Subjects
- pay scale
- lower division clerk
- compassionate appointment
- writ petition
- salary increase
- Full Bench precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6074 of 2020
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1. Kaushal Kumar son of Late Rameshwar Prasad Singh working as clerk in Anchal
office, at and P.S.- Amdaabd, District- Katihar.
2. Yogesh Kumar son of Late Sakhichandra Ram working as clerk in District Disaster
Management Section of Collectorate, at, P.S. and District- Katihar.
3. Amaresh Kumar Rana son of Late Laxman Paswan working as clerk in District
Revenue Section of Collectorate, at, P.S. and District- Katihar.
4. Brajesh Kumar son of Late Jyotish Chandra Bosak working as clerk in Zila
Panchayati Raj Office, at, P.S. and District- Katihar.
5. Goutam Malakar son of Late Bashistha Malakar working as clerk in BDO Office, at
and P.S.- Falka, District- Katihar.
6. Gopal Prasad Yadav son of Late Laxmi Prasad Yadav working as clerk in Anchal
Office, at and P.S.- Falka, District- Katihar.
7. Md. Mujahir Islam son of Late Riyasat Hussain working as clerk in Treasury
Office, at, P.S. and District- Katihar.
8. Alok Kumar Mishra son of Late Prabhakar Mishra working as clerk in the office of
Block Development Officer, at and P.S.- Amdabad, District- Katihar.
9. Bipin Chandra Mandal son of Late Karam Chand Mandal working as clerk in
District General Section of Collectorate, at, P.S. and District- Katihar.
10. Divya Kumar son of Late Janardan Prasad Sharma working as clerk in District
Election Office of Collectorate, at, P.S. and District- Katihar.
11. Bipin Kumar son of Late Ganesh Prasad Mehta working as clerk in SDO Office, at
and P.S.- Manihari, District- Katihar.
12. Sanjeev Kumar son of Late Jagat Narayan Lal working as clerk in Block Office, at
and P.S.- Hasanganj, District- Katihar.
13. Pravin Kumar son of Late Maheshwar Prasad Sah working as clerk in Block
Development Office, at and P.S.- Azamnagar, District- Katihar.
14. Anjani Kumar Sinha son of Late Mahesh Prasad Sinha working as clerk in District
Legal Section of Collectorate, at, P.S. and District- Katihar.
15. Md. Ahtesham son of Late Md. Islam working as clerk in District Treasury Office,
at, P.S. and District- Katihar.
16. Md. Shamshed Alam son of Late Jamal working as clerk in Consolidation Office,
at, P.S. and District- Katihar.
17. Alakh Niranjan Jha son of Late Bimal Jha working as clerk in District General
Section of Collectorate, at, P.S. and District- Katihar.
18. Rajesh Khanna son of Late Sakhichand Mandal working as clerk in Block Office,
at and P.S.- Korha, District- Katihar.
19. Nilam Devi wife of Late Dinesh Kumar Mandal working as clerk in Circle Office,
at, P.S. and District- Katihar.
20. Krishna Kumar Bhargav son of Late Birendra Kumar Mandal working as clerk in
District Welfare Office, at, P.S. and District- Katihar.
21. Ishita Raj D/o Late Etwari Harijan working as Clerk in District Supply Section of
Collectorate, at, P.S. and District- Katihar.
22. Sariva Devi D/o Late Ambika Prasad Mandal working as clerk in District Record
Room of Collectorate, at, P.S. and District- Katihar.
23. Santosh Kumar Mandal son of Late Jagadish Prasad Mandal working as clerk in
Circle Office, at and P.S.- Falka, District- Katihar.
24. Nazil Shahi son of Late Md. Nazim working as clerk in Block Office, at and P.S.-
Manihari, District- Katihar.
Patna High Court CWJC No.6074 of 2020(6) dt.09-04-2026
2/3
25. Sanjay Kumar son of Late Birendra Kumar Keshri working as clerk BDO Office, at
and P.S.- Azam Nagar, District- Katihar.
26. Vikram Kumar son of Late Sachidanand Mandal working as clerk cum Nazir Block
Office, at and P.S.- Barai, District- Katihar.
27. Sanjeed Alam son of Late Majibur Rahman working as clerk in Circle Office, at
and P.S.- Azamnagar, District- Katihar.
28. Rajeev Kumar son of Late Prithvi Chand Ram working as clerk in S.D.O. Office, at
and P.S.- Manihari, District- Katihar.
29. Shankar Paswan son of Late Binodi Paswn working as clerk in Circle Office, at and
P.S.- Korha, District- Katihar.
30. Amitava Ray son of Late Dipak Kumar Ray working as clerk in B.D.O. Office, at
and P.S.- Korha, District- Katihar.
31. Anjarul Haque son of Late Ainul Haque working as clerk in Circle Office, at and
P.S.- Manihari District- Katihar.
32. Pappu Kumar Paswan son of Late Nagina Ram working as clerk in District Nazarat
Section of Collectorate, at, P.S. and District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Katihar.
2. The District Magistrate, Katihar.
3. The Director, SC ST Welfare Department, Government of Bihar, Patna.
4. The Director, Consolidation, Government of Bihar, Patna.
5. The District Welfare Officer, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amaresh Kumar Singh, Advocate
Mr. Dineshwar Pd. Singh, Advocate
Mr. Omkar Kumar, Advocate
For the Respondent/s : Mr. Prashant Pratap (Gp2)
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL ORDER
6 09-04-2026 The petitioners, who have been appointed as Lower
Division Clerks on compassionate ground after 20.12.2000, in the
office of the District Magistrate, Katihar, and have been working
as such since their respective dates of appointments, have filed
this writ petition seeking a direction to the respondents to pay the
scale of Rs. 4000-6000 in place of the current pay scale of
Rs. 3050-4590.
Patna High Court CWJC No.6074 of 2020(6) dt.09-04-2026
3/3
2. Learned counsel for the petitioners has fairly
submitted that a similar issue has been examined by the Full
Bench of this Court in the case of Ravi Shankar Kumar vs. The
State of Bihar and analogous cases reported in 2025(4) PLJR
162, wherein, the Full Bench of this Hon’ble Court had
disallowed the claim of such petitioners for the higher pay scale of
Rs. 4000-6000 in place of the current pay scale Rs. 3050-4590.
3. Since the issue that has been raised in the present
writ petition have been answered by the Full Bench of this Court
in the case referred to hereinabove, this writ petition shall also
stand disposed off in the light of decision rendered in the case of
Ravi Shankar Kumar vs. The State of Bihar and analogous
cases reported in 2025(4) PLJR 162, by the Full Bench of this
Court declining the relief sought by the petitioners in the present
writ petition.
(Nani Tagia, J)
Siddharth
Sagar/-
U
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