Patna High Court
Shila Nand YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
Persons appointed as Lower Division Clerks after the 20‑December‑2000 demerger are only entitled to the Rs 3050‑Rs 4590 pay scale and not to the higher scale.
Summary
Four clerks appointed as Upper Division Clerks in Darbhanga filed a writ petition seeking entitlement to the higher pay scale of Rs 4000‑Rs 6000, contending that the principle of equal pay for equal work should apply. The State argued that the Full Bench decision in Ravi Shankar Kumar v. State of Bihar had already settled the issue, holding that appointments made after the 20‑December‑2000 demerger are to be treated as Lower Division Clerk posts with a pay scale of Rs 3050‑Rs 4590. The Court examined the Finance Department’s Resolution of 20‑December‑2000 and the earlier judgments of Mosarrat Arra Khanam and Avinash Kumar Chakerworty, confirming that the lower pay scale applies to all such appointees. It noted a pending S.L.P. (C) No. 38217 of 2025 which, if decided in favour of similarly situated persons, could affect the petitioners' claim. Consequently, the writ petition was dismissed, but the petitioners were granted liberty to revive the petition by filing an application should the S.L.P. be decided favourably.
Issues considered
- Whether clerks appointed after 20‑December‑2000 as Lower Division Clerks are entitled to the higher pay scale of Rs 4000‑Rs 6000.
- Whether the principle of equal pay for equal work applies to these appointments.
- Whether the outcome of S.L.P. (C) No. 38217 of 2025 can alter the petitioners' entitlement.
Subjects
- pay scale
- demerger
- Lower Division Clerk
- equal pay
- civil writ jurisdiction
- Bihar
- government employee remuneration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9233 of 2024
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1. Shila Nand Yadav S/o Sita Ram Yadav, R/O Village - Sonbehat, P.O.- Shiv
Nagar, P.S.- Biraul, District - Darbhanga. Presently working as Upper
Division Clerk in Block Development Office, Kusheshwar Sthan,
Darbahnaga.
2. Jayant Kumar Jha, S/o Late Gajendra Narayan Jha, R/O - Badri Narayan
Road, Subhankarpur, P.S.- Town Thana, District- Darbhanga, Presently
posted as Upper Division Clerk in District - Panchayat Raj Office,
Darbhanga.
3. Binod Yadav, S/o Rameshwar Yadav, R/O Village - Dilawarpur, P.O.- Milki
Chak, P.S.- Bahadurpur Via Laxminagar, District - Darbhanga, Presently
Posted as Upper Divison Clerk in Anchal Office Hayaghat, Presently Posted
on Deputation in District Election Office - Darbhanga.
4. Bindeshwar Paswan, S/o Late Supari Paswan, R/o Village - Ghanshyampur,
P.S.- Ghanshyampur, District - Darbhanga, Presently Posted as Upper
Division Clerk in District Nazarat Office, Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through The Secretary, General Administration
Department, Govt. of Bihar, Patna.
2. The Secretary, General Administration Department, Govt. of Bihar, Patna.
3. The District Magistrate, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Shankar, Advocate
For the Respondent/s : Mr. Government Advocate 13
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. Learned counsel for the petitioners submits that the
issue involved in the present case has been decided by the
Hon’ble Full Bench of this Court in the case of Ravi Shankar
Kumar vs. The State of Bihar, through the Chief Secretary &
Patna High Court CWJC No.9233 of 2024(2) dt.12-02-2026
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Ors., along with other analogous cases, reported in 2025 SCC
Online Pat 2627, whose paragraph Nos. 82 and 83 state as
follows:-
82. In ultimate analysis, we
proceed to answer the question referred to
the larger Bench in C.W.J.C. No. 23831 of
2018 as under:-
(i) Any person appointed on the
post of Lower Division Clerk after demerger
in the scale of Rs.3050-Rs.4590/- cannot
claim and would not be entitled to a higher
pay scale of Rs.4000-Rs.6000/-. This Court
has already noticed that the judgment of the
Division Bench in the case of Smt. Mosarrat
Arra Khanam (Supra) was not brought to the
notice of the subsequent Division Bench in
the case of Avinash Kumar Chakerworty)
(supra). It is further held that the principle
of “Equal pay for equal work” has no
application in these matters.
83. In C.W.J.C. No. 2804 of 2020,
three questions have been referred to the
larger Bench, we answer the same in
corresponding terms as under:-
(i) the views expressed by the
Hon’ble Division in the case of Smt.
Mosarrat Arra Khanam and others (supra)
is the correct view. We do not approve the
views expressed by the Division Bench in the
Patna High Court CWJC No.9233 of 2024(2) dt.12-02-2026
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case of Avinash Kumar Chakerworty and
others. The case of Binit Kumar and Others
(supra) deals with altogether a different
issue which is not falling for consideration
in the present writ applications.
(ii) After Finance Department’s
Resolution dated 20.12.2000, a demerger of
the post of Assistant resulted in existence of
three different posts i.e. (I) Lower Division
Clerk (ii) Upper Division Clerk and (iii)
Assistant. In terms of clause (5)(i) of the
Resolution Dated 20.12.2000 the vacancies
existing in the post of Assistant (prior to
demerger) would be taken as the vacancies
existing in the post of Lower Division Clerk
which is the junior most/ lowest post
available in that category. Thus, the
petitioners who have been appointed after
20.12.2000 could have been appointed only
against the post of Lower Division Clerk in
the pay scale of Rs.3050/- Rs.4590/-.
(iii) All the appointees on the post
of Lower Division Clerk after 20.12.2000,
irrespective of their source of appointment
are entitled to the pay scale of Rs.3050 – Rs.
4590/-.
3. In this view of the matter, for the purpose of relief,
a cut-off date has been fixed for those who were appointed after
20.12.2000 and those who were appointed up to 20.12.2000.
Patna High Court CWJC No.9233 of 2024(2) dt.12-02-2026
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4. Counsel for the petitioner further submits that a
S.L.P. (C) No. 38217 of 2025 preferred by other similarly
situated person.
5. However, learned counsel for the State submits that
the issue involved in the present case has already been decided
by the Hon’ble Full Bench of this Court in case of Ravi Shankar
Kumar (Supra), according to which, the petitioners have no
entitlement at present. But, in case, the S.L.P. (C) No. 38217 of
2025 preferred by other similarly situated person is decided in
their favour, then the petitioners shall also be entitled for the
same.
6. In this background, the present writ petition is
hereby disposed off granting liberty to the petitioners that in
case, the above named S.L.P. (C) No. 38217 of 2025 decided in
favour of other similarly situated person, then the petitioners by
way of filing an application shall revive this writ petition.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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