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23. At this stage, learned counsel submits that there is no conflict between the decisions rendered by the Division Bench in the case of Smt. Mosarrat Arra Khanam (supra) and in the case of Avinash Kumar Chakerworty (supra). In fact, the first case was on the ground of candidates directly appointed after 20.12.2000 pursuant to the advertisement of the BPSC made prior to the aforesaid cut-off date. The advertisement was made for appointment in the pay scale of Rs. 1200-1800. However, the decision rendered in the case of Avinash Kumar Chakerworty (supra) was on a different point. Learned counsel referred the same decision rendered in the case of Avinash Kumar Chakerworty Patna High Court CWJC No.23831 of 2018 dt. 27 -08-2025 (supra). Learned counsel has referred Clause 5(ii) of the circular dated 20.12.2000 and submitted that the said clause provides that if the selection for higher scale is pending, it has to be cancelled and fresh selection process was to be started, which was not done with respect to BPSC selection, which was advertised prior to 2012, and, in fact, the selection process was pending, which was completed in the year 2004 and 2006. In fact, circular dated 20.12.2000 relates to unification of cadre in all Regional Offices of Clerks, i.e., Accounts Clerks, Correspondence Clerks, Lower Division Accounts Clerks, Lower Division Correspondence Clerks and they were granted the same basic pay scale of Rs. 3050- 4590/-. At this stage, it is contended that the compassionate appointment was made on the aforesaid posts depending on the available vacancies and the qualification was also the same. Further, by Notification dated 25.03.2015, Lower Division Accounts Clerks appointed after the year 1999 were given the pay scale of Rs. 4000-6000/-, but compassionate Lower Division Clerks were not being given the pay scale of Rs. 4000-6000/-. Thus, this Court in the case of Binit Kumar and Others vs. The State of Bihar and Others and allied matters (CWJC No.9921 of 2017), rendered decision on 21.08.2017. It is submitted that this Court directed to give pay scale of Rs. 4000-6000/- to Patna High Court CWJC No.23831 of 2018 dt. 27 -08-2025 compassionate appointee Lower Division Accounts Clerks. In LPA No. 1702 of 2017, (State of Bihar vs. Binit Kumar and Others), the decision rendered in the case of Binit Kumar and Others vs. The State of Bihar and Others by the learned Single Judge was affirmed. The S.L.P. filed against the order passed by the Division Bench has been dismissed by the Hon'ble Supreme Court and thereafter Lower Division Accounts Clerk appointed after 20.12.2000 were granted pay-scale of Rs.4000-6000/-.

43. Sub-clause (ii) of Clause 5 specifically provides that if any appointment process for a post higher than the Junior most category of the post in terms of Clause (i) is in progress then the selection process shall be immediately cancelled even if the selection process has already been completed. Thus, candidates would be given another opportunity to participate in the selection process for the junior most category/lowest category of posts without charging any fee from them for a second time.

44. From the Government's decision as contained in Letter No. 8826 dated 20th December, 2000 issued by the Department of Finance, Government of Bihar, it is crystal clear that on and after Patna High Court CWJC No.23831 of 2018 dt. 27 -08-2025 issuance of this letter whatever vacancies were available on the post of Assistant (prior to de-merger) would be taken as the vacancies available for the post of 'LDC' in the payscale of 3050- 4590/-. It is the mandate of the letter which is in the form of a policy decision of the Government that any selection process going on for any higher posts than that of the lowest posts would be canceled with immediate effect even if the selection process has been completed.

Division Bench Judgment in Smt. Mosarrat Arra Khanam

56. The judgment of the learned Writ Court in Smt. Mosarrat Arra Khanam (supra) came to be challenged in LPA No. 100 of 2012 before the Hon'ble Division Bench of this Court. By its order dated 19.02.2014, the Hon'ble Division Bench presided over by the then Hon'ble the Chief Justice held that the direct recruits were appointed pursuant to the advertisement issued by the BPSC in 1998 for the recruitment on the post of Assistant- cum-Typist in the existing pay scale of 1200-1800. The selection process was completed in 2005 or thereabout but the cadre was bifurcated in the year 1999. After bifurcation of the cadre of Assistant-cum-Typist, the recruitment process was continued without modification. The Hon'ble Division Bench has observed interalia as under:-