Disposed¶30

Jitendra Dwiwedi v. The State of Bihar

Service law – pay scale parity

Patna HC11 Nov 2024CWJC/4893/2020

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Case brief

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What is this about?

Pay scale Rs. 4000-6000/-; parity for identically situated employees; Assistant Clerks, office of District Education Officer / Regional Deputy Director of Education, Patna Division; direction to consider and decide within three months; reasoned and speaking order requirement; relies on C.W.J.C. No. 3353/2018; C.W.J.C. No. 8821/2018; L.P.A. No. 167 of 2016; CWJC No.4893 of 2020; Harish Kumar, J.; writ petition disposed.

What did the court decide?

Direction to respondent no. 5 to examine the petitioners' cases in the light of the orders in C.W.J.C. Nos. 3353/2018, 8821/2018 and L.P.A. No. 167 of 2016 and pass appropriate orders in accordance with law within three months from receipt/production of a copy of the order; similar benefit if claims are found identical, failing which a reasoned and speaking order. ¶30

Jitendra Dwiwedi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, working as Assistant Clerks in the establishment of the Regional Deputy Director/District Education Office, Patna, are entitled to be considered for grant of the pay scale of Rs. 4000-6000/- on parity with identically situated employees, in terms of the earlier orders in C.W.J.C. Nos. 3353/2018 and 8821/2018 and L.P.A. No. 167 of 2016.

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Court's answer

This Court disposed of the writ petition with a direction to respondent no. 5 (Regional Deputy Director of Education, Patna Division) to examine the case of the petitioners in the light of the afore-noted orders/decisions and pass appropriate orders in accordance with law within three months from the date of receipt/production of a copy of the order.

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Ratio / Principle

If the claims of the petitioners are found identical to those with whom parity is sought, similar benefit must be accorded to them; however, if the respondent concerned is unable to accept the contention of the petitioners, he would be obliged to pass a reasoned and speaking order.

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Detailed headnote1 paragraphs

Service law — pay scale parity — Patna High Court, Civil Writ Jurisdiction Case No.4893 of 2020 (Harish Kumar, J.), oral order dated 11-11-2024: Twelve petitioners working as Assistant Clerks in the office of the District Education Officer / establishment of the Regional Deputy Director, Patna, approached the Court seeking a direction to be considered for grant of the pay scale of Rs. 4000-6000/- in pursuance of the orders dated 23.07.2018 in C.W.J.C. Nos. 3353/2018 and 8821/2018 and the order dated 23.06.2017 in L.P.A. No. 167 of 2016, by which identically situated employees were extended the said scale from the date of their appointment. Holding the petitioners' case to be squarely covered by the orders of the coordinate Bench and the Division Bench, the Court disposed of the writ petition, directing respondent no. 5 (Regional Deputy Director of Education, Patna Division) to examine the petitioners' cases in the light of the afore-noted orders and pass appropriate orders in accordance with law within three months of receipt/production of a copy of the order; similar benefit to be accorded if the claims are found identical, and otherwise a reasoned and speaking order to be passed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4893 of 2020

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======================================================

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Jitendra Dwiwedi Son of late Sidhnath Dwiwedi, Residing at Gola Road, Gajadhar Chak, P.S. Danapur, District- Patna.

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Santosh Kumar, Son of late Ram Pravesh Pandey, Resident of VillageMahuri, P.O. Mohanpur, P.S. Karakat, District- Rohtas at Present Working as Assistant Clerk in the School T.K. Ghosh Academy, Government High School, Patna.

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Santosh Kumar Tiwary, Son of late Ramendra Tiwary, Resident of VillageAmehta, P.S. Agiaw Bazar, District- Bhojpur.

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NIlesh Kumar, Son of late Narendra Prasad, Residing at Pakka Gali, West Lohanipur, P.S. Kadamkuan, District- Patna.

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Rakesh Kumar, Son of late Dinesh Kumar, Residing at Pirmuhani P.S. Kadamkuan, District- Patna.

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Dilip Kumar, Son of late Mahesh Prasad, Resident of Village-Kalyani Colony, P.S. Anisabad, District- Patna.

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Amit Kumar, Son of late Satyendra Kumar, Residing at Mithapur, P.O. Lai, P.S. Bihta, District- Patna.

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Dwijdev Kumar, Son of late Jay Kumar, Residing at Deepkula, P.O. Barni, P.S. Dhanarua, District- Patna.

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Ranjeet Kumar, Son of late Laleshwar Prasad Sinha, Residing at Near Rigal International School, Vikash Nagar, Road No. 2, Sandalpur Road, P.s. Kumhrar, District- Patna.

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Rajesh Chandra , Son of late Dinesh Prasadn Singh, Residing at Sudama Bhawan, Quarter No. A1-26, Roshan Cooperative Colony, Transport Nagar, P.S. Kumhrar, District- Patna.

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Sunil Kumar, Son of late Madan Lal Vishwarkarma, Residing at Village and P.S. Bikram, District- Patna.

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Roshan Kumar, Son of late Gauri Shankar, Residing at Paghari, P.S. Baheri, District- Darbhanga, All are Present Working in the Office of District Education Office, Patna, District- Patna as Assistant Clerk.

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... ... Petitioner/s

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Versus

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1. The State of Bihar through Chief Secretary, Education Department, Govt. of Bihar, Patna.

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1. The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

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1. The Additional Chief Secretary, Finance Department, Govt. of Bihar, Patna. 4. The Director Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Patna Division, District- Patna. 6. The District Education Officer, Patna, District- Patna.

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... ... Respondent/s

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Patna High Court CWJC No.4893 of 2020(3) dt.11-11-2024 2/3

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====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate Mr. Dhandev Kumar, Advocate For the Respondent/s : Mr. Rajeev Ranjan, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 11-11-2024

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Heard the parties.

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The petitioners who were duly appointed as Clerk and have been discharging their duties within the establishment of Regional Deputy Director, Patna have approached this Court seeking a direction upon the respondents to consider their cases for grant of pay scale of Rs. 4000-6000/- in pursuance of the order dated 23.07.2018 passed by the Hon’ble Court in C.W.J.C. No. 3353/2018, C.W.J.C. No. 8821/2018 as well as order dated 23.06.2017 passed in L.P.A. No. 167 of 2016 by which the Court directed the respondents to ensure the benefit of the pay scale of Rs. 4000-6000/- to the identically situated employees, like the petitioners with effect from the date of their appointment.

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Learned Advocate for the State has submitted that since identical writ petitions have been disposed off with a direction to consider the respective claims of the similarly situated persons, in case the writ petitioners also approached before the concerned authority, there claims shall also be considered and disposed off in accordance with law.

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Patna High Court CWJC No.4893 of 2020(3) dt.11-11-2024 3/3

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Having considered the nature of the grievance and the contention of the petitioners that the case of the petitioners are squarely covered by the order passed by the learned coordinate Bench as well as Division Bench of this Court, as noted hereinabove, this Court deems it fit and proper to dispose off the writ petition with a direction to the respondent no. 5 to examine the case of the petitioners in the light of the afore-noted orders/decisions and pass appropriate orders in accordance with law, within a period of three months from the date of receipt/production of a copy of this order.

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Suffice it to say that if the claim of the petitioners are found identical to those with whom the petitioners are seeking parity, similar benefit must be accorded to them, however in case the respondent concerned is unable to accept the contention of the petitioners, he would be obliged to pass a reasoned and speaking order.

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The writ petition is accordingly disposed off.

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(Harish Kumar, J)

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supratim/-

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Jitendra Dwiwedi v. The State of Bihar

Case brief

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Jitendra Dwiwedi v. The State of Bihar

Case brief

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