Patna High Court - Orders
Sunil Kumar vs The State Of Bihar on 18 September, 2023
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5445 of 2023
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1. Sunil Kumar S/o Late Rameshwar Pd. Singh R/o-Vill-Hanuman Chak, P.O.-
Korji Mohammadpur, P.S.-Phulwari Sharif, Dist.-Patna (Bihar), Presently
Working as Lower Divisional Clerk in the Office Joint Director (Chemistry),
Soil Testing Laboratory, Bihar, Patna.
2. Dharmendra Kumar S/o Late Rajendra Upadhyay R/o Vill and P.0-
Ghosrawan. Dist.- Nalanda (Bihar). Presently Working as Lower Divisional
Clerk in the office Joint Director (Chemistry). Soil Testing Laboratory,
Bihar, Patna.
3. Rajesh Kumar Sinha, S/0- Late Ravindra Pd. Sinha, R/O- Vill- Sabajpura, P.
Khagaul, P.S Phulwari Sharif, Dist.- Patna (Bihar). Presently Working as
Lower Divisional Clerk in the office of Joint Director (Chemistry), Soil
Testing Laboratory, Bihar, Patna.
4. Guddi Kumari W/o-Late Aamod Kumar Jha R/O- Vill- Navtol, P.O
Jhanjharpur (R.S.), P.S- Jhanjharpur (R.S.), Dist.-Madhubani (Bihar).
Presently Working as Lower Divisional Clerk in the office of Assistant
Director (Chemistry), Soil Testing Laboratory. Madhubani.
5. Md. Haider Ali S/0- Late Syed Raza Rizvi, R/O- Vill- Chakaulia, P.O.-
Chapaith, P.S.-Goroul, Dist.- Vaishali (Bihar), Presently Working as Lower
Divisional Clerk in the office of Assistant Director (Chemistry). Soil Testing
Laboratory. Saharsa.
6. Krishna Kumar. S/o- Late Sidheshwar Ram R/O- At- Maurya Vihar Colony,
Beur Akhara, Anisabad, Dist.-Patna (Bihar), Presently Working as Lower
Divisional Clerk in Office of Joint Director (Chemistry). Soil Testing
Laboratory. Bihar, Patna.
7. Upendra Kumar S/0- Late Hira Lal, R/O- At-Bhikhna Pahari, Saidpur Patli
Gali, P.0.- Bankipore Kadam Kuan, Dist.- Patna (Bihar), Presently Working
as Lower Divisional Clerk in Office of Assistant Director (Chemistry). Soil
Testing Laboratory, Bhagalpur.
8. Aditya, D/O- Late Subhash Chandra Ram R/O- At-Dhamghar Garikhana,
P.O.and P.S. Khagaul. Dist.- Patna (Bihar), Presently Working as Lower
Divisional Clerk in Office of Joint Director (Chemistry), Soil Testing
Laboratory, Bihar, Patna.
9. Ashok Kumar, S/0- Late Laldev Singh R/O- Vill and P.0.-Ghatera, P.S.-
Guraru, Dist.-Gaya (Bihar), Presently Working as Lower Divisional Clerk in
office of Assistant Director (Chemistry). Soil Testing Laboratory.
Aurangabad.
10. Amrendra Kumar. S/o- Late Shankar Dayal Prasad R/O- Vill.-Bheriya. P.O.-
Rani Sagar, P.S.-Shahpur, Dist.- Bhojpur (Ara). Bihar. Presently Working as
Lower Divisional Clerk in Office of Assistant Director (Chemistry). Soil
Testing Laboratory, Saran.
11. Ghulam Askari. S/0- Late Mehdi Askari, R/O- Vill.-Kolhua Pagemberpur.
P.S.-Ahiyapur, Dist.-Muzaffarpur (Bihar), Presently Working as Lower
Divisional Clerk in office of Assistant Director (Chemistry). Soil
Samastipur. Laboratory,
Patna High Court CWJC No.5445 of 2023(2) dt.18-09-2023
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12. Sahil Raj, S/o Late Arun Kumar, R/O- At-Jyotish Road, Amardeep Nagar,
Ramkrishna Nagar, P.0.-Dhelwan, Patna (Bihar). Presently Working as
Lower Divisional Clerk in Office of Assistant Director (Chemistry), Soil
Sitamadhi. Testing Laboratory.
13. Kiran Kumari. W/O Late Onkar Prasad Singh, R/o Vill- Chanda, P.0.- Obra.
Dist.-Aurangabad (Bihar). Presently Working an Lower Divisional Clerk in
Office of Joint Director (Chemistry). Soil Testing Laboratory. Bihar, Patna.
14. Ajaya Ritika, D/O Late Awinash Kumar Verma R/O- At-Urmila Niwas,
Dahiyawan. Chhapra. Siwan, Bihar, Presently Working as Lower Divisional
Clerk in Office of Joint Director (Chemistry). Soil Testing Laboratory. Bihar,
Patna.
15. Deepak Kumar. S/O Late Vijay Kumar, R/O- Gangeya, Parmanandpur,
Muzaffarpur (Bihar). Presently Working as Lower Divisional Clerk in Office
of Joint Director (Chemistry), Soil Testing Laboratory, Bihar, Patna.
16. Chandan Ram, S/O Late Sheo Bachchan Ram, R/O- Vill-Ratanpur, P.O.-
Haradiya, P.S.- Raxaul, Dist.-East Champaran (Bihar). Presently Working as
Lower Divisional Clerk in Office of Assistant Director (Chemistry). Soil
Testing Laboratory. Gopalganj
17. Vivek Kumar Singh S/o Late Vinay Kumar Singh R/o Vill and -P.O.
Bakhari, P.S.-Sursand, Dist.-Sitamarhi (Bihar). Presently Working as Lower
Divisional Clerk in Office of Assistant Director (Chemistry). Soil Testing
Laboratory, Sheohar.
18. Prem Prakash, S/0 Late Gopal Prasad Gupta, R/O- Vill-Patwa Toli. P.O.and
P.S.-Daudnagar, Dist.-Aurangabad (Bihar). Presently Working as Lower
Divisional Clerk in Office of Assistant Director (Chemistry), Soil Testing
Laboratory, Nalanda.
19. Kumar Manish Anand, S/O Late Chhote Lal Rao, R/O- Vill- Paroraha, P.O.-
Dumra, P.S.-Lauriya, Dist. - West Champaran (Bihar), Presently Working as
Lower Divisional Clerk in Office of Assistant Director (Chemistry). Soil
Testing Laboratory, East Champaran.
20. Gopal Krishn, S/O Suresh Prasad Singh, R/O- Vill-Kasba, P.O.- Abhaypur,
P.S.-Piri Bazar, Dist.-Lakhisarai (Bihar). Presently Working as Lower
Divisional Clerk in office of Joint Director (Chemistry), Soil Testing
Laboratory. Bihar, Patna.
21. Nilofar Jehan, W/O Late Md. Hamidul Haque, R/O- N.B. Road, N.B.
Colony Paschim Darwaza, Patna City. Presently Working as Lower
Divisional Clerk in Office of Assistant Director (Chemistry), Soil Testing
Laboratory, Bihar, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary. Agriculture Department, Government
of Bihar, Patna.
2. The Secretary, Agriculture Department, Government of Bihar, Patna.
3. The Director, Agriculture, Government of Bihar, Patna.
4. The Joint Director (Chemistry), Soil Testing Laboratory, Bihar, Patna.
Patna High Court CWJC No.5445 of 2023(2) dt.18-09-2023
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... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Gyan Shankar, Adv.
For the Respondent/s : Mr.Dhurjati Kr. Prasad (GP14)
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 18-09-2023On mentioning slip being filed for priority listing, the matter has been listed today under the heading 'To Be Mentioned'.
2. Heard learned counsel for the petitioners and learned counsel for the State.
3. Learned counsel for the petitioners submits that the petitioners are entitled to the Pay scale of Rs. 4,000- 6,000 in terms of decision of the Division Bench passed in L.P.A. No. 167 of 2016.
4. Learned counsel for the State submits that entitlement to the Scale is subject to consideration by a Larger Bench in terms of order passed in Civil Review No. 236/2019 and C.W.J.C. No. 23831/2018, whereby and whereunder matter has been referred to a Larger Bench.
5. It is further submitted by learned counsel for the petitioners that there being no interim stay in respect of the orders which are pending consideration before the Larger Bench, the State authorities have been extending the benefit of Patna High Court CWJC No.5445 of 2023(2) dt.18-09-2023 4/5 the claimed scale pay subject to order being passed by the Larger Bench.
6. Learned counsel for the petitioners has referred to two departmental communications dated 10-11-2022, bearing Memo No. 10465 issued by the Finance Department and one letter dated 23-01-2023, bearing Memo No. 1620 issued by the General Administration Department, Government of Bihar. It is further submitted that petitioners' representation for grant of benefit, copy of which is Annexure- 17 series to the writ petition, is pending consideration before the Joint Director (Chemistry), Soil Testing Laboratory, Bihar, Patna (respondent No. 4). Petitioners would be placing on record before respondent No. 4 the two communications of the Finance Department and General Administration Department, noted above, for consideration of grant of benefit on the ground of parity with others, who have been granted benefit, subject to the result of the proceedings pending before the Larger Bench.
7. Learned counsel for the petitioners submits that they would be filing their representations/ supplement to the representations within two weeks. If the same is done, it is expected that the respondent No. 4 will pass a reasoned and speaking order in accordance with law within eight weeks Patna High Court CWJC No.5445 of 2023(2) dt.18-09-2023 5/5 thereafter.
8. Accordingly, writ petition is disposed of.
(Madhuresh Prasad, J) shyambihari/-
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