Uma Bharti vs The State Of Bihar
2025 Latest Caselaw 2108 Patna

Patna High Court

Uma Bharti vs The State Of Bihar on 4 March, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.28 of 2022
                                           In
                    Civil Writ Jurisdiction Case No.6494 of 2021
     ======================================================
     Uma Bharti, Daughter of Lakshmi Narayan Mahto, Resident of Shivaji Nagar,
     Basant Ganj, P.O. Lalbagh, P.S. - Darbhanga, District- Darbhanga.

                                                                ... ... Appellant/s
                                      Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Old
     Secretariat, Patna.
2.   Principal Secretary, Finance Department, Old Secretariat, Government of
     Bihar, Patna.
3.   Principal Secretary, Personal and Administrative         Department,     Old
     Secretariat, Patna.
4.   Secretary, Rural Development Department, Old Secretariat, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr. Pratap Sharma, Advocate
     For the Respondent/s   :     Mr. Ajay Kr. Rastogi (AAG-10)
     For the State          :     Mr. Parijat Saurav, AC to AAG-13
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                        and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
                     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 04-03-2025

Heard Mr. Pratap Sharma, the learned Advocate

for the appellant and Mr. Parijat Saurav, the learned

counsel for the State.

2. The appellant is a Lady Extension Officer, who

had sought the pay-scale of Level-7, which is being paid

to the Extension Officers of Trade and Commerce Patna High Court L.P.A No.28 of 2022 dt.04-03-2025

Department.

3. The contention of the appellant before the

learned Single Judge was that the Special Secretary to

the Government had communicated with the Principal

Secretary of Finance Department that the Extension

Officers of Trade and Commerce Department perform the

same work as the Lady Extension Officers and therefore

they should be afforded the same pay-scale.

4. However, such a suggestion was not accepted

by the Government on the ground that for Lady Extension

Officers, the level of pay suggested by the Pay

Commission was Level-6 and not Level-7, which level of

pay-scale was exclusively given to the Extension Officers

of Trade and Commerce Department considering their

posts to be supervisory.

5. The learned Single Judge rightly rejected the

claim of the appellant, basing its decision on the dictum of

the Supreme Court in P.U. Joshi & Ors. Vs.

Accountant General & Ors.; (2003) 2 SCC 632 and Patna High Court L.P.A No.28 of 2022 dt.04-03-2025

Rajesh Pravinchandra Rajyaguru Vs. Gujarat

Water Supply & Sewerage Board & Others; 2021

SCC Online SC 1282.

6. Post the Government resolution of putting the

appellant and other officers on the same ilk under the

pay-scale of Level-6, there is no further scope of any

discussion on the afore-noted issue.

7. There is no merit in this appeal and the same

is dismissed.

                                                      (Ashutosh Kumar, ACJ)


                                                           (Partha Sarthy, J)
Shiv/Sunil
AFR/NAFR
CAV DATE                N/A
Uploading Date          05.03.2025
Transmission Date