Harinandan Prasad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Harinandan Prasad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.3 (District Magistrate, Gaya) to consider the petitioners' grievance in light of C.W.J.C. No. 2028 of 2021 within twelve weeks, and to grant similar pay-scale relief if the claims are identical, per L.P.A. No. 167 of 2016 and C.W.J.C. No. 17617 of 2022; writ petition stands disposed off.

Issue for consideration

Whether the petitioners, Clerks in the office of Collectorate, Gaya duly appointed on compassionate ground on the recommendation of the District Compassionate Appointment Committee, are entitled to extension of the pay-scale of Rs. 4000-6000/- (Grade Pay Rs.2400) instead of Rs. 3050-4590/- (Grade Pay Rs.1900) with effect from the date of their appointment, in light of the orders/judgments earlier passed by this Court.

Court's answer

The writ petition is disposed off with a direction to respondent no.3, the District Magistrate, Gaya, to consider the grievance of the petitioners in the light of the order passed by this Court in C.W.J.C. No. 2028 of 2021, preferably within a period of twelve weeks from receipt/production of a copy of the order.

Ratio / Principle

In case the claim(s) of the petitioners find favour and are identical to those of the petitioners of C.W.J.C. No. 2028 of 2021, similar relief(s) shall be granted in favour of the petitioners herein in the light of the order/judgment passed by the learned Division Bench in L.P.A. No. 167 of 2016 as also C.W.J.C. No. 17617 of 2022.

Key takeaways

Permission accorded to the petitioners' advocate to make necessary correction in para-1 of the writ petition in course of the day.obiter¶21

Detailed headnote1 paragraphs

Patna High Court — C.W.J.C. No. 6442 of 2025 (Harish Kumar, J; oral order dated 29-04-2025): Five serving Clerk-grade employees of Gaya district offices (four Lower Division Clerks in the Revenue Section (A.D.M) Office/District Supply Office and one Upper Division Clerk in the District General Section), appointed on compassionate ground on the recommendation of the District Compassionate Appointment Committee, sought a direction extending to them the pay-scale of Rs. 4000-6000/- (Grade Pay Rs.2400) instead of Rs. 3050-4590/- (Grade Pay Rs.1900) from the date of appointment, relying on orders in L.P.A. No. 167 of 2016, C.W.J.C. Nos. 4065 of 2020, 188 of 2021, 2028 of 2021, L.P.A. Nos. 1702 of 2017 and 766 of 2019; analogous benefit had earlier flowed to Vaishali clerks via C.W.J.C. No. 3904 of 2023, subject to the Larger Bench/Civil Review No. 236 of 2019. Disposition: writ petition disposed off with a direction to respondent no.3, the District Magistrate, Gaya, to consider the grievance in light of C.W.J.C. No. 2028 of 2021 preferably within twelve weeks; if the claims are identical to those of the C.W.J.C. No. 2028 of 2021 petitioners, similar relief to be granted per L.P.A. No. 167 of 2016 and C.W.J.C. No. 17617 of 2022. Permission was accorded for correction of para-1 of the writ petition.