Sanjeev Kumar Jha Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12408 of 2022

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Sanjeev Kumar Jha S/o Late Ram Swarth Jha Resident of VillageHarsinghpur, P.O.- North Manik Chowk, P.S.- Runnisaidpur, DistrictSitamarhi.

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Brajesh Kumar Paswan S/o Late Ganga Paswan Resident of Village and P.O.- Singrhiya, P.S.- Sahiyara, District- Sitamarhi.

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Dinesh Kumar S/o Late Ramnarayan Sah Resident of Village- Lohri, P.o.Vishanpur, P.S.- Dumra, District- Sitamarhi.

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Sanjay Kumar S/o Late Sachida Nand Verma Resident of Adarsh Nagar, Ward No. 26, P.O. and P.S. and District- Sitamarhi.

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Vipin Kumar S/o Late Shukh Sagar Thakur Resident of Village- Yamuna Barahi (Barahi Jeewa). P.O.- Kamaldah, P.S.- Bathnaha, District- Sitamarhi.

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Alok Ranjan S/o Late Maya Shankar Singh Resident of Village- Kailashpuri, Ward No. 04, P.O.- Lalpur, P.S.- Nanpur, District- Sitamarhi.

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Satish Kumar Jha S/o Late Madhukant Jha Resident of VillageHanumannagar, Ward No. 4, P.O.- Lalpur, P.S.- Nanpur, District- Sitamarhi.

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Rohit Kumar S/o Late Sanjay Chaudhary Resident of Ward No. 2, Amghatta Road, P.S.- Dumra, District- Sitamarhi.

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Amrita Kumari D/o Ramkishore Sinha Resident of Village- Methaura, P.O.Vishanpur, P.S.- Dumra, District- Sitamarhi.

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Som Prakash S/o Late Chandeshwar Thakur Resident of Village and P.O.Bahilwara Dhanushi, P.S.- Runnisaidpur, District- Sitamarhi.

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Krishna Kumar S/o Late Kamal Ram Resident of Ward No. 14, Manik Chowk, P.S. and Block- Runnisaidpur, District- Sitamarhi.

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Mukund Madhav S/o Late Sudhir Kumar Resident of Village- Shantinagar, Bhagatipur Amarghatta, Ward No. 31, P.O.- Amghatta, P.S. and DistrictSitamarhi.

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Aditya Raj S/o Late Nagendra Prasad Resident of Ward No. 7, East Mahavir Chowk, Nagar Panchayat- Dumra, P.S.- Sitamarhi, District- Sitamarhi.

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Dinesh Pandit S/o Late Bindeshwar Pandit Resident of Village- Majgma, P.O. and P.S.- Bathnaha, District- Sitamarhi.

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Deepak Kumar S/o Late Gopal Prasad Yadav Resident of VillageVishwanathpur, P.O. and P.S.- Dumra, District- Sitamarhi.

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Pankaj Kumar S/o Late Bharat Rai Resident of Village- Vishwanathpur, Ward No. 2, P.O. and P.S.- Dumra, District- Sitamarhi.

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Shripati Pathak S/o Late Shyam Kishore Pathak Resident of Village and P.O. Jhajhihat, P.S.- Pupri, District- Sitamarhi.

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Lalan Paswan S/o Late Lakshman Paswan Resident of Village- Riga, Tola Yogwana, P.O. and P.S.- Riga, District- Sitamarhi.

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Amit Kumar Satyam S/o Late Madan Mohan Prasad Resident of Ward No. 26, Raghunathpuri, P.O. and P.S. and District- Sitamarhi.

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Md. Inamul Hasan S/o Abdul Rahman Resident of Village- Bahadurganj,

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Patna High Court CWJC No.12408 of 2022(3) dt.22-04-2025 2/6

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P.O.- Chiksi, P.S.- Sigori, District- Patna.

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Shailendra Kumar Singh S/o Late Shivmangal Singh Resident of Village and P.O.- Bairiya, P.S.- Purnhiya, District- Shivhar.

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Md. Naseem Akhtar S/o Late Md. Jameel Akhtar Resident of Village- Barahi Chantaman, P.O.- Boktha, P.S.- Suppi, District- Sitamarhi.

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Shri Chandra Prakash S/o Late Chandrashwar Prasad Yadav Resident of Village- Madhpur Musharwa, P.S.- Sahiyara, District- Sitamarhi.

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Bharat Bhushan S/o Late Bhikhari Paswan Resident of Village and P.O.Bhuthi, Ward No. 8, P.S.- Sonbarsa, District- Sitamarhi.

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Dharmendra Kumar Jha S/o Late Lalbabu Jha Resident of Village and P.O.Anhari, P.S.- Riga, District- Sitamarhi.

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Rajnish Kumar S/o Late Ram Snehi Chaudhary Resident of Village and P.O.- Yadupatti Bazar, P.S.- Choraut, District- Sitamarhi.

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Deepak Kapoor S/o Late Panna Lal Mehta Resident of Village and P.O.Vishnupur, P.S.- Bela, Via- Parihar, District- Sitamarhi.

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Ram Udar Mandal S/o Late Ganga Prasad Mandal Resident of Village and P.O.- Mauli, P.S.- Barehi, District- Sitamarhi.

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Surendra Kumar S/o Late Ram Swarth Rai Resident of Village- Parsa Mahind, P.O.- Haribela, P.S.- Sonbarsa, District- Muzaffarpur.

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Akil Anjum S/o Late Mohammad Asif Resident of Jail Road Chandwara, P.O.- Sheikhpur, P.S.- Sadar, District- Muzaffarpur.

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Chandeshwar Singh S/o Late Gogai Singh Resident of Village- Lauhdih, P.O.- Vishanpur, P.S.- Dumra, District- Sitamarhi.

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Kumar Saurabh S/o Late Mahendra Kumar Verma Resident of Village and P.O.- Vishanpur, Rajopatti, P.S. and District- Sitamarhi.

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Subhuhi Praween W/o Late Md. Ahmad Ali Resident of Village- Rajopatti Ansari Road, P.O. and P.S. and District- Sitamarhi.

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Ashok Kumar Resident of Village- Harsingpur, P.O.- Manikchauk, P.S.Runnisaidpur, District- Sitamarhi.

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Govind Jha S/o Late Sudhir Jha Resident of Village and Post- Parsauni, P.S.Dumra, District- Sitamarhi.

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Amit Kumar Sharma S/o Late Madhuram Sharma Resident of VillageMalipur Pakdi, P.O.- Bhasar Machhan, P.S. and District- Sitamarhi.

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Md. Isteyak S/o Late Md. Aslam Resident of Village and P.O.- Mohni, P.S.Nanpur, District- Sitamarhi.

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Ranjeet Kumar S/o Late Ramlakhan Singh Resident of Village- Rampur Parori, P.O.- Banchauri, P.S. and District- Sitamarhi.

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Jitendra Kumar S/o Shri Ramakant Rai Resident of Village and P.O.- Mohni Mandal, P.S.- Mejarganj, District- Sitamarhi.

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Hari Shankar Ojha S/o Late Rambriksh Ojha Resident of Village- Tirkauliya, P.O.- Madhopur, P.S.- Bathnaha, District- Sitamarhi.

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Navratan Kumar Singh S/o Late Baleshewar Prasad Singh Resident of Village and Mohalla- Mehsaul Town, P.O. and P.S. and District- Sitamarhi.

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Patna High Court CWJC No.12408 of 2022(3) dt.22-04-2025 3/6

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Dhirendra Kumar Singh S/o Late Chandrika Prasad Resident of VillageSahbajpur, P.O.- Naya Gaon, P.S.- Shyampur Bhathan, District- Shivhar.

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Shivam Kumar S/o Late Bhikhari Mandal Resident of Village and P.O.Amghatta, P.S. and District- Sitamarhi.

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Asgari Khatoon D/o Late Md. Mokhtar Ahmad Resident of Village and P.O.Mehsaul Got, P.S. and District- Sitamarhi.

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Vimla Devi W/o Late Munni Nath Yadav Resident of Village- Sundargama, P.O.- Madanpur, P.S.- Parsauni, District- Sitamarhi.

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Manoj Kumar S/o Ramsuraj Khirahar Resident of Ward No. 4, Amghatta, Madhopur, P.S.- Roshan, District- Sitamarhi.

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Rita Kumari W/o Shambhu Kumar Resident of Kailashpur, Ward No. 11, Dumra, P.S.- Dumra, District- Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Secretariat, Patna.

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The Principal Secretary, Department of General Administration (Formerly known as Personnal and Administrative Reform Department), Government of Bihar, Main Secretariat, Patna.

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The District Magistrate, Collectorate, Sitamarhi.

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The Deputy Collector (Establishment), Collectorate, Sitamarhi.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rashid Izhar, Advocate For the Respondent/s : Mr. Manoj Kumar, AC to GP-4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 22-04-2025 Heard the parties.

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The petitioners have invoked the extraordinary

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jurisdiction of this Court for the reliefs prayed hereunder :-

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“I. For issuance writ or Writs in the nature of Mandamus commanding the Respondents to grant the pay entitlement in the scale of Rs. 4,000 - 6,000 replacing the current pay scale of Rs. 3,050 – 4,590 to the Petitioners from the date of their appointments in terms of the direction

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Patna High Court CWJC No.12408 of 2022(3) dt.22-04-2025

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4/6

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and finding given in the Orders passed by this Hon'ble High Court in Letters Patent Appeal i.e. L.P.A. No. 167 of 2016, C.W.J.C. No. 17151 of 2018, C.W.J.C. No. 188 of 2021, C.W.J.C. No. 21926 of 2018, C.W.J.C. No. 2587 of 2020 and C.W.J.C. No. 15309 of 2021 being Annexure-12 (series).

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II. For issuance of writ or writs in the nature of Mandamus commanding the Respondent Authorities to pay the arrear13 pt of salary to the Petitioner in the revised pay scale of Rs. 4,000 - 6,000 with all consequential benefits.

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III. For issuance of any other Writ or Writs, Order or Orders, Direction or Directions as may be entitled to the Petitioners and deem fit and proper by this Hon'ble Court.”

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Learned Advocate for the petitioners referring to

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the averments made in the writ petition has contended that all the petitioners were duly appointed on compassionate ground on the recommendation of District Compassionate Appointment Committee but they have been accorded the pay-scale of Rs. 3,050-4,590/- instead of Rs. 4,000-6,000/-. Contention of the petitioners is in a limited bound that the identical issue has come up for consideration before the learned Division Bench of this Court in L.P.A. No. 167 of 2016 wherein the learned Division Bench having considered all the aspects of the matter, directed the respondents to extend the pay-scale of Rs. 4,000-6,000/- to the appellants. In an identical situation, similarly situated Clerks

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Patna High Court CWJC No.12408 of 2022(3) dt.22-04-2025 5/6

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of Vaishali District approached this Court in C.W.J.C. No. 3904 of 2023, wherein the learned Division Bench of this Court taking note of the order passed by the learned Division Bench as afore-noted, disposed off the writ petition with a liberty to the writ-petitioner(s) to file representation before the competent authority. In terms of the order of this Court, the identically situated persons filed representations and subsequently they have been allowed the benefit(s) as has been claimed by the petitioner of the admissible pay-scale of Rs.4000-6000/-, is the contention of the learned counsel for the petitioner.

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Per contra , learned counsel for the State submitted that if the contention of the petitioners is based on parity and upon the decision of the learned Division Bench of this Court, they may approach before the concerned authorities, who shall examine the claim of the petitioners and pass reasoned and speaking order.

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Considering the submissions advanced on behalf of the learned counsel for the respective parties and taking note of the nature of grievance, this Court deems it fit and proper to dispose off the writ petition with a direction to the respondent no.3, the District Magistrate, Sitamarhi to consider the representation of the petitioners as contained in Annexure-15 to

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Patna High Court CWJC No.12408 of 2022(3) dt.22-04-2025 6/6

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the writ petition, preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.

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Suffice it to observe that in case the claim(s) of the petitioners find favour, in the light of the order/judgment passed by the learned Division Bench of this Court in L.P.A. No. 167 of 2016, C.W.J.C. No. 3904 2023 and also in C.W.J.C. No. 23831 of 2018, similar benefit(s) be accorded to the petitioners.

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The writ petition stands disposed off.

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(Harish Kumar, J)

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supratim/-

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U

Sanjeev Kumar Jha v. The State of Bihar

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Sanjeev Kumar Jha v. The State of Bihar

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