The High Court of Patna disposed of three writ petitions seeking directives to the State of Bihar to pay petitioner Jan Sevak/VLW employees in the replacement scale of Rs.4000-6000 along with arrears, following a previous order granting similar relief.
Petitions disposed of in terms of order dated 13.7.2007 in C.W.J.C.No. 11879 of 2004.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14962 of 2007
======================================================
.... .... Petitioner/s
Versus
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.2650 of 2008
Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013
2/6
.... .... Petitioner/s
Versus
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.5880 of 2008
======================================================
Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013
3/6
IJOT POLICE STATION DAMU, THANA BASOPATTI DISTRICTMADHUBANI. 4. PANDEY SUNIT KUMAR SON OF PANDEY VYAS NANDAN PRASAD, RESIDENT OF MOHALL A BATE CHOWK, POST OFFICE MADHUBANI, DISTRICT-MADHUBANI.
Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013
4/6
RESIDENT OF VILLAGE AND POST OFFICE BORHA POLICE STATION BENIPATTI DISTRICT MADHUBANI 30. NAVIN CHANDRA CHOUDAHRY SON OF SRI RAMASHISH CHOUDHARYT RESIDENT OF VILLAGE AND POLICE STATION DAMU, DISTRICTMADHUBANI. .... .... Petitioner/s Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. AGRICULTURE DIRECTOR, DEPARTMENT OF AGRICULTURE, BIHAR, PATNA 3. DEPUTY DIRECTOR OF AGRICULTURE, BIHAR, PATNA 4. COLLECTOR CUM DISTRICT MAGISTRATE, MADHUBANI. 5. SECRETARY CUM COMMISSIONER DEPARTMENT OF FINANCE, BIHAR, PATNA .... .... Respondent/s ====================================================== Appearance : (In CWJC No.14962 of 2007) For the Petitioner/s : Mr. Sujeet Kumar Sinha Mr. Indu Bhushan Pandey Mr. Manoj Kumar For the Respondent/s : Mr. Anjani Kr.Sharan & P.K.Jha AC to SC 3 in all cases. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 22-10-2013 All the three writ petitions are taken up together for disposal as the facts and issues are substantially common in each case.
The petitioners were appointed as Jan Sevak/VLW on 23.2.1999 in the pay scale of Rs.1200-30-1800. They state that they are entitled for replacement scale of Rs.4000-6000/- as they were appointed in the scale of Rs.1200-30-1800 of which Rs.4000-6000 is replacement scale. The petitioners state that in fact recruitment process started in year 1987. The selection process was also completed long back. The petitioners were sent
Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013
5/6
for training in the year 1993.
The dispute in all the three writ petitions is with respect to the replacement scale to which they would be entitled. As reiterated earlier the petitioners state that since they were appointed in the scale of Rs.1200-30-1800 they would be entitled to replacement scale of Rs.4000-6000. However respondents have arbitrarily denied them the replacement pay scale. They further state that similar matter came for consideration before this Court in C.W.J.C.No. 11879 of 2004 (Satvendra Kumar Vs. State of Bihar and others) which was disposed of on 13.7.2007 with following observations:-
“I find that this is also a good reason for holding that the petitioners are entitled for similar scale as it has been allowed to other candidates who were selected with the petitioner. For all these reasons, I find that the petitioners have been able to make out their case for issuance of direction to the respondent no.5 the Secretary cum Commissioner, Finance Department, Secretariat, Patna as well as respondent no. 1,2,3 and 4 to start making payment to the petitioners salary in the scale of Rs.4000-6000/- and to make payment of arrears of salary of this scale from the date of their appointment. The payments should be made from the date of their appointment. The respondents must complete the exercise within two months from the date of receipt/production of a copy of this order.”
The State filed Letters Patent Appeal bearing LPA No. 959 of 2007 without success.
I find that the issues involved in all the three writ
Patna High Court CWJC No.14962 of 2007 (2) dt.22-10-2013
6/6
petitions are squarely covered by the order of learned Single judge dated 13.7.2007, passed in C.W.J.C.No. 11879 of 2004, affirmed by the Division bench. The writ petitions are disposed of in terms of order dated 13.7.2007 passed in C.W.J.C.No. 11879 of 2009 and affirmed on 13.5.2011 in LPA No. 959 of 2007.
Shashi./-
(Samarendra Pratap Singh, J)
3 issues framed by the court
Whether petitioners appointed as Jan Sevak/VLW are entitled to the replacement scale of Rs.4000-6000 and arrears from the date of appointment.
Whether the respondents can deny the replacement pay scale.
Whether the issues are covered by the previous order in C.W.J.C.No. 11879 of 2004.
Colour shows how this judgement treated each authority
Satvendra Kumar Vs. State of BiharFollowed¶98
C.W.J.C.No. 11879 of 2004
Udyanand Abhilashi and others
Sanjay Kumar and others
Deo Kumar Singh and others
State of Bihar
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
