Patna High Court
Rakesh Kumar Singh vs The State Of Bihar on 9 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1548 of 2022
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1. Rakesh Kumar Singh S/o Late Bhagya Narayan Singh Resident of Village-
Bhorhopue, Ekma, Saran. Presently Working Assistant (Clerk) in the Office
of District Malariya Officer, Saran at Chapra.
2. Niraj Kumar S/o Late Kanhaiya Rai, Resident of Vilalge-Bhundhari, P.O.-
Chhitrawaliya, Ekma, Saran Presently Working as Assistant (Clerk) in
Primary Health Centre, Mashrakh, Saran.
3. Mridul Sengupta, S/o -Late Kajai Kumar Sengupta, Resident of Village and
Post-Garkha Bazar, Saran Presently Working as Assistant (Clerk) in the
Office of Civil Surgeon, Chapra, Saran,
4. Dharmendra Ram S/o-Late Hardeo Harijan Resident of Vilalge-Kopra
Bazar, Saran Presently Working as Assistant (Clerk) in Primary Health
Centre, Ekma, Saran.
5. Sujeet Kumar S/o-Late Laxman Prasad Rai Resident of Chhatradhari Bazar,
Hospita Chowk, P.S.-Bhagwan bazar, Chapra, Presently Working as
Assistant (Clerk) in ANM School, Chapra, Saran.
6. Shashi Ranjan Kumar S/o Late Ashok Kumar Resident of Sadar Hospital
Colony, P.O.-Bhagwan Bazar, Chapra, Presently Working as Assistant
(Clerk) in Primary the Office of Civil Surgeon, Chapra, Saran.
7. Rajesh Kumar S/o Late Phulena Prasad Resident of Village and P.O.-
Basdilla, P.S.-Jalalpur, Saran. Presently Working as Assistant (Clerk) in
Officer of Civil Surgeon, Chapra, Saran.
8. Ranjeet Kumar Singh S/o Late Krishna Prasad Singh Resident of Munna
Dhanuk Toli, Chapra. Presently Working as Assistant (Clerk) in Primary
Health Centre, Marhowrah, Chapra, Saran.
9. Pawan Kumar Singh S/o Late Dhruwa Nath Singh Resident of Indr Nagar,
Shiv Nagri, Chapra. Presently Working as Assistant (Clerk) in the Office of
Primary Health Centre, Sadar Block, Saran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Health Department, Government of Bihar, Patna.
3. The Civil Surgeon, Saran at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gyan Shankar, Advocate
For the Respondent/s : Mr. S.D. Yadav, AAG 9
Mr. Brij Bhushan Mishra, AC to AAG 9
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 09-05-2022
Patna High Court CWJC No.1548 of 2022 dt.09-05-2022
Heard learned counsel for the respective parties.
2. In the instant petition, petitioners have prayed for the
following relief/reliefs:
"(i) Issuance of a writ, writ(s), order orders
commanding the respondent authorities to grant the
pay scale of Rs. 4000-6000 instead of Rs. 3050-4590
to the petitioners from the date of their appointment
who are working as Assistants (Clerks) in different
offices of the health department under Civil Surgeon,
Saran considering the order passed by this Hon'ble
Court in L.P.A. No. - 167 of 2016, CWJC No. - 17151
of 2018, CWJC - 21926 of 2018, CWJC No.- 1335 of
2020 and CWJC No. - 2587 of 2020 and other
analogous cases in light of which other similarly
situated persons like the petitioners who were also
working as Clerk (Assistant) have been granted the pay
scale of Rs. 4000-6000.
(ii) For commanding the respondent
authorities to pay the arrears of difference salary to the
petitioners in the revised scale of Rs. 4000-6000 from
the date of their appointment with all consequential
benefits.
(iii) For issuance of any other writ(s), order
(s), or direction (s) as may be deemed fit and proper by
this Hon'ble Court."
3. On 24.03.2022, following order was passed:
"State counsel accepts notice for
respondents.
Learned counsel for the petitioners
submitted that the present matter is covered by earlier
decisions passed in L.P.A. No. 167 of 2016 decided on
23.06.2017 and C.W.J.C. No. 188 of 2021 decided on
Patna High Court CWJC No.1548 of 2022 dt.09-05-2022
09.07.2021. Therefore, State counsel is hereby directed
to get instruction from the concerned respondent as to
whether the matter is covered by the aforesaid
decisions or not?
Re-list this matter on 04.04.2022."
4. Today learned counsel for the respondent-State
submitted that in terms of para - 3 of the counter
statement/affidavit filed on behalf of the respondent No. 3 - The
Civil Surgeon, Saran at Chapra, matter could be disposed off with
reference to C.W.J.C. No. 188 of 2021, decided on 09.07.2021.
5. Accordingly, the present petition stands disposed off
in terms of the order passed in C.W.J.C. No. 188 of 2021, decided
on 09.07.2021.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 12.05.2022
Transmission Date
