The court directed the respondent to consider the petitioner's claim for arrears of salary and benefits for holding the post of Head Clerk. The petition was disposed of with a mandate to pass a reasoned order within 12 weeks.
Directed respondent no. 3 to consider claim for arrears of salary for Head Clerk post and dispose within 12 weeks.
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.5246 of 2020
======================================================
Jyoti Kumar Verma @ Jyoti Verma, Son of Late Bhuneshwar Prasad, At Present Posted as Clerk State Council of Education, Research and Training having Mahendru, P.S. Sultanganj, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Mohan, Adv. For the Respondent/s : Mr. Madhaw Prasad Yadaw, GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
of a writ in the nature of mandamus directing the petitioner to post him against any vacant and sanctioned post to commensurate with his status, being a senior most clerk in the central cadre. It is informed to this Court that the petitioner, a senior most clerk of the central cadre, stands at serial no. 1 in the seniority list having pay scale of 9300-34800 grade pay 4800 PB II.
Patna High Court CWJC No.5246 of 2020(7) dt.14-07-2025 2/4
Patna High Court CWJC No.5246 of 2020(7) dt.14-07-2025 3/4
taken note of the fact that the appellant of the said case was directed to officiate on the post of Principal and he retired from the said officiating post of Principal, which involves assumption of duties or responsibility of greater importance than those attached to the post then held by the appellant, held him entitled to the highest pay to which he would be entitled with his appointment to that post stood alone.
Patna High Court CWJC No.5246 of 2020(7) dt.14-07-2025 4/4
prayer as made in the interlocutory application.
(Harish Kumar, J)
supratim/-
U
3 issues framed by the court
Whether the petitioner is entitled to arrears of salary and post-retiral benefits for holding the post of Head Clerk on additional charge.
How to deal with the amended prayer regarding salary difference after the petitioner's superannuation.
Whether Rule 103 of the Bihar Service Code, 1952 applies to officers discharging additional charge on a temporary basis.
Colour shows how this judgement treated each authority
Dr. Nitya Gopal Bandyopadhyay vs. The State of Bihar & Ors.Referred¶24
2008 (1) PLJR 245
Prafulla Ranjan Shrivastava vs. The State of Bihar & Ors.Referred¶27
2008 (3) PLJR 144
1 provisions across 1 enactments
Jyoti Kumar Verma
The State of Bihar
The Additional Chief Secretary (Education)
The Director, Secondary Education
The Director, State Council of Education, Research and Training
The Director, Directorate, Library and Information Centre Patna
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
