Tuntun Kumar Paswan and Anr vs The State Of Bihar and Ors

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10062 of 2017
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1. Tuntun Kumar Paswan and Anr S/o Late Hari Nandan Paswan, R/o Baluahi,
Ward No. 26, P.O.- Koshi College, P.S.- Khagaia, District- Khagaria.
2. Aamir Hassan, S/o Late Md. Shamaul Hassan, R/o Vill.- Sheikhpura, P.O.
P.S.- Bolia Belown, District- Katihar.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Building Construction Department, Bihar, Patna.
3. The Superintending Engineer, Building Construction Department, Building
Circle, Purnea.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the State : Mr. Subodh Kumar, A.C. to S.C.-26.
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CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
CAV JUDGMENT
Date : 01-09-2026
1. Heard learned counsel for the petitioners and learned counsel for the State.
2. This writ application has been filed for the following reliefs:
i. For quashing the office order dated 26.05.2017 as contained in
Annexure- P/3 whereby the petitioners have been reverted from the post
of Junior Accounts Clerk/Lower Division Account Clerk to the post of
Lower Division Clerk on the ground that they were appointed on
compassionate ground in the pay scale of 3050-4590 which is now
corresponding scale of Lower Division Clerk.
ii. For declaration that the pay scale is attached to the post held by the
employee and the employees are entitled for the pay scale for the post on
which they were appointed and regularized.

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iii. For declaring the action of the Respondent Superintending Engineer to
be in the teeth of decision taken by District Appointment Committee and
also in the teeth of order of the Hon’ble Division Bench passed in LPA
No. 206/2014 as contained in (Annexure- 4) whereby taking note of
Government Resolution No. 3111 dated 25.03.2015 the Hon’ble Court
has been pleased to hold that all Accounts Clerk whether appointed on
compassionate ground or otherwise to be entitled for the same pay scale.
iv. Any other order/orders for which the petitioners are found entitled to in
the facts and circumstances of the present case.
3. The petitioners are presently posted as Junior Account Clerk/Junior Division
Accounts Clerk under Building Circle, Building Construction Department, Purnea.
Petitioners father were working under Building Circle (BCD), Purnea and died-in-
harness and thereafter the petitioners were appointed on compassionate ground on the
post of Junior Account Clerk /Junior Division Account Clerk.
4. The petitioner no. 1 was appointed as Junior Accounts Clerk against the vacant
post with applicable allowances from time to time vide Memo No. 06 dated
03.01.2014. Similarly, the petitioner no. 2 was appointed as Junior Account Clerk in
PB-1-5200-20200 Grade Pay Rs. 1900 which is corresponding pay scale of Rs. 3050-
4950 vide Memo No. 768 dated 18.10.2014. Both the petitioners gave joining against
vacant sanctioned post on which they were appointed.
5. The petitioners on the basis of their length of service, efficiency and qualification
were given the benefit of being in the cadre of Accounts Clerk. They were further

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given the benefit of increments and other facilities available to a regularly appointed
person.
6. It is submitted that the petitioners were getting the pay scale and other allowances
in PB-1-5200-20200 Grade Pay-1900 which is corresponding pay scale of Rs. 350-
4590/- in terms of their letter of appointment as Junior Accounts Clerk since their
appointment. The pay scale of Junior Accounts Clerk and Senior Accounts Clerk was
in dispute since merger of the two posts and re-designation of the post of Junior
Accounts Clerk and Senior Accounts Clerk as Accounts Clerk. This dispute was
settled by the Resolution of the Finance Department being Resolution No. 3111 (v)
dated 25.03.2015 whereby those who were appointed till 27.09.1999 were given the
revised pay scale of Rs. 4500-7000/- w.e.f. 01.01.1996 and corresponding revised pay
scale but those who were appointed on or after 28.09.1999 were given the pay scale
of 4000-6000/- and revised pay in pay band of Rs. 2400/-.
The petitioners were appointed after 27.09.1999 so they came in the
category of lower scale of Rs. 4000-6000/- as per decision of the government.
7. On the basis of the said Resolution No. 3111 dated 25.03.2015 the petitioners were
given the Grade Pay of 2400/- and consequential pay fixation was made. In the light
of the said resolution of the Finance Department dated 25.03.2015, the consequential
order was issued granting the benefit of the pay scale as decided by the Finance
Department and it was entered in the service book by the authority concerned and
consequential pay fixation order was issued and the District Accounts Officer
confirmed the pay scale as it was in consonance with the decision of the government.

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8. It is respectfully submitted on behalf of the petitioners that the appointment of
petitioners on compassionate ground in the pay scale PB-1-5200-20200, Grade Pay
1900 (corresponding pay scale of Rs. 3050-4590/-) was the conscious decision of the
District Compassionate Committee on terms of payable allowance from time to time.
Again, it was the decision of the Government to put the Accounts Clerk
appointed after 28.09.1999 in the pay scale of Rs. 4000-6000/- or PB-1+ Grade Pay
of 2400/- of which the petitioners received the benefit.
Much after the appointment of petitioners, the Respondents
Superintending Engineer in the absence of any concealment or misrepresentation by
the petitioners unilaterally decided to shift the petitioners from the post of Junior
Accounts Clerk/Lower Division Accounts Clerk to Lower Division Clerk on the
ground that the scale of Lower Division Clerk is corresponding to the scale of Rs.
3050-4590/- on which compassionate appointment is to be given ignoring the fact
that the petitioners were appointed in the cadre of Accounts Clerk and they are
entitled for the benefits accrued to the post of Accounts Clerk/Junior Division
Accounts Clerk on which they were appointed.
9. The Respondent Superintending Engineer, Building Circle, Purnea vide his Office
order dated 26.05.2017 reverted petitioners to the post of Lower Division Clerk on
the basis of the fact that they were appointed on compassionate ground in the Grade
Pay of 1900/- and consequently the upgraded pay scale in grade pay of 2400 was
reduced to the grade pay of Rs. 1900 and direction has been issued by consequential
order for recovery of alleged excess amount.

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It is necessary to point out that revision of pay scale of the post of
Accounts Clerk on which the petitioners were appointed as back as in the year 2014
will not disqualify the petitioners from getting its benefit in the absence of any
concealment of facts or misrepresentation on their part. The name of Petitioners
figure at serial 1 and 2 respectively of the impugned order dated 26.05.2017.
10. It is submitted that the issue of pay scale has not only been settled by the
government but also by the Hon'ble Division Bench in LPA No. 206 of 2014. The
Hon'ble Court giving reference of the same resolution of the Finance Department
being Resolution No. 3111 dated 25.03.2015 has settled the pay scale of Accounts
Clerk of which the Petitioners have received the benefit. The Hon'ble Division Bench
upheld the order dated 06.08.13 passed by Hon'ble Single Judge in C.W.J.C. No.
12124/2011.
Further it has been held by the Hon'ble Court that all accounts Clerk
whether appointed on compassionate ground or otherwise are entitled for the pay
scale of Accounts Clerk still over reaching the authority of the higher authorities and
the order passed by the Hon'ble Court the Respondent Superintending Engineer had
taken arbitrary decision of reverting the petitioners to the post of Lower Division
Clerk on unfounded grounds.
11. It is a settled principle that an employee gets the pay scale of the post held by
him. The Petitioners were appointed as Lower Division Accounts Clerk so they
deserve to get the revised scale of this post. Merely because the Petitioners were
appointed in the corresponding pay scale of Rs. 3050-4590/-(Grade Pay 1900) they

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may not be reverted in different cadre on the post of Lower Division Clerk much after
their appointment on the ground that compassionate appointment is to be given on the
scale of Rs. 3050-4590/- and is corresponding scale.
12. It is submitted and stated that resolution dated 25.03.2015 upgrading the scale of
all appointees to the post after 28.09.1999, the petitioners are fully covered by this
Resolution which is contained as (Annexure- 4) to this Writ Petition. Moreover, legal
position settled by this Hon'ble Court in LPA No. 206/2014 (the State of Bihar vs.
Ram Janam Jha and others) removed the differentiation between the regular
appointees and those appointed on compassionate ground following the process of
appointment.
13. Per contra , it is submitted on behalf of the State that on scrutiny, a reasoned
order has been passed by the Finance Department vide memo no. 5483, dated
11.07.2016 in pursuance of order passed in CWJC No. 10585 of 2015 and the
Finance Commissioner ordered that appointment on post of Accounts Clerk is to be
made by holding examination and further it was directed that the compassionate
appointment is to be done in Lower Division Clerk only.
No appointment on post of Accounts Clerk can be made under
compassionate appointment category.
14. It is submitted that Letter No. 4025, dated 15.05.2017 was issued by the Building
Construction Department where the aforesaid reasoned order dated 11.07.2016 along
with previous orders of the Finance Department dated 22.01.2003 and 20.12.2000

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were referred and accordingly, order was passed to take action for corrective
measures and for recovery.
15. It is further submitted on behalf of the State that in compliance of the aforesaid
order and the letter of Finance Department, instructions were issued to all
Superintending Engineers vide Letter No. 951, dated 22.05.2017 and thus, he Order
No. 6/17-18, dated 08.06.2017 was issued where the corrective steps have been taken.
16. It is submitted that vide letter contained in memo no. 531, dated 22.01.2003, the
Finance Department has instructed that in order to reorganize the Cadre constitution,
the cadre unification was abolished since 20.12.2000 and the Lower Division Clerk
and Upper Division Clerk were divided in pay scale of Rs. 3050-4590/- and Rs.
4000-6000/-. It was also instructed that persons appointed prior to 20.12.2000 were to
be treated as Upper Division Clerk.
17. Vide aforesaid Finance Department letter, it was also instructed that since
01.04.2001, unification in accounts cadre will not be effective and it was instructed
that persons on compassionate ground will not be appointed on scale more than Rs.
3050-4590/-.
18. It is submitted that the petitioners have been allowed the pay scale to which they
are legally entitled and there is no illegality in the impugned order.
19. It is stated and submitted that the petitioners had been appointed on
compassionate ground which is allowed to the dependents of a government servant
who dies in harness and for which there had been government decision from time to
time and prominently vide memo no. 13293, dated 05/10/1991, where, it has also

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been provided that a person can be appointed on Class III post where the pay scale is
1200/- to 1800/-.
20. It is further stated and submitted that since the year 1977, when scheme for
compassionate appointment was launched, it was a condition that the appointment
could be made on a post where there is no requirement of Bihar Public Service
Commission or later the Bihar State Staff Selection Commission etc. and thus, it is
apparent that post of class III were available for compassionate appointment in a
limited manner.
21. The appointment on compassionate ground is by way of compassion to the
deceased government employee for mitigating the sudden demise of the employee for
the family of the government servant and such appointment is made as an exception
to Article 14 and 16 of the Constitution of India.
The Letter No. 3385, dated 20/06/2001 issued by the Personnel and
Administrative Reforms Department, Government of Bihar with regard to
determination of pay scale of the persons being appointed in Class III on
compassionate ground, takes into consideration the earlier circular vide memo no.
13293, dated 05/10/1991 and on consideration, the determination has been made
stating that the corresponding scale of Lower Division Clerk of 1200/- to 1800/-
would be equivalent to 3050/- to 4590/- after Sixth Pay Revision.
Accordingly, the Letter No. 531, dated 22/01/2003 issued by the Finance
Department, Government of Bihar, on consideration, clearly states that if there had

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been appointment on compassionate ground above Rs. 3050/- to 4590/-pay scale after
20/12/2000, the irregularity was to be corrected.
The mistake or any irregularity can be corrected by the employer at any
stage and the petitioners cannot claim that they are entitled to the post of Junior
Accounts Clerk as a matter of right.
22. It is submitted on behalf of the State that the case of the petitioners is different
from the facts in LPA No. 206 of 2014, where claim of the petitioners was that the
Accounts Clerk in the Water Resources Department were to be treated at par with the
Accounts Clerk in other Departments of the State and regarding parity in payment.
Whilst in the instant matter, the basic eligibility to be appointed on compassionate
ground at the accounts clerk post is involved and the same has been found against the
government policy.
23. It is submitted that in accordance with Government Policy, the petitioners could
not have been granted the pay scale as being demanded by them and they are entitled
to Lower Division Clerk post on Compassionate appointment as an exception to the
general rule and the petitioners cannot claim higher pay scale as entitlement in
violation of government policy.
24. Similar grievance was raised in CWJC No. 12147 of 2013 (Pankaj Kumar
Versus The State of Bihar & Others ) which was dismissed vide order dated
11.04.2014 against which the writ petitioner has preferred LPA No. 1303 of 2014 .
The aforesaid LPA No. 1303 of 2014 , vide order dated 23.02.2018 partly allowed to

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the extent of recovery and upheld the decision of the CWJC No 12147/2013 dated
11.4.2014.
25. Having heard learned counsel for the petitioners and learned counsel for the State,
the primary question that falls for determination in the present writ application is
whether the petitioners, having been appointed on compassionate grounds after the
de-merger of the clerical cadre, can claim as a matter of right, a higher pay scale of
₹ 4000–6000/- (or Grade Pay 2400/-) attached to the post of Upper Division Clerk / ₹
Junior Accounts Clerk, or whether their entitlement is strictly confined to the basic
pay scale of 3050–4590/- (Pay Band-1, 5200–20200/- + Grade Pay 1900/-) ₹ ₹ ₹
attached to the post of Lower Division Clerk.
26. The contention of the petitioners relies primarily on the premise that their
selection/recommendation process for compassionate appointment was initiated prior
to or under notifications preceding the de-merger, and that other employees appointed
under distinct selection processes or schemes were extended higher pay scales. The
petitioners further invoke the doctrine of "Equal Pay for Equal Work" to seek parity
with direct recruits and other clerical personnel receiving the higher scale.
27. The legal issues raised herein are no longer res integra . The core controversy
regarding the entitlement of compassionate appointees to the pre-demerger pay scale
of ₹ 4000–6000/- versus the post-demerger scale of ₹ 3050–4590/- has been
conclusively settled by the Full Bench of this Court in CWJC No. 23831 of 2018

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(Ravi Shankar Kumar v. The State of Bihar & Ors.) and its connected cases,
decided on 27.08.2025 .
28. In Ravi Shankar Kumar (supra) , the Full Bench exhaustively analyzed the
statutory notifications and policy framework governing clerical cadres in the State of
Bihar, specifically:
i. Finance Department Resolution No. 8825 & 8826 dated 20.12.2000:
Whereby the unified cadre of Assistant/Clerk was demerged into Lower
Division Clerk (LDC) in the pay scale of 3050–4590/- and Upper Division ₹
Clerk (UDC) in the pay scale of 4000–6000/-. Clause 5(i) explicitly ₹
mandated that all future direct recruitment would take place only at the
lowest entry-level post of LDC.
ii. General Administration Department Letter No. 3385 dated 20.06.2001:
Which clarified that post-sixth pay revision, compassionate appointments
against Class-III posts (previously in the 1200–1800/- scale) would be ₹
made strictly in the replacement pay scale of 3050–4590/- (LDC).
₹
29. The Full Bench in Ravi Shankar Kumar (supra) reconciled the conflicting
views previously taken by different Division Benches of this Court and laid down the
following binding legal principles:
The law laid down by the Division Bench in Smt. Mosarrat Arra Khanam &
Ors. v. The State of Bihar (LPA No. 100 of 2012) represents the correct
position of law. The judgment in Avinash Kumar Chakerworty v. The State

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of Bihar (LPA No. 167 of 2016) was declared per incuriam as it failed to
consider the earlier binding Division Bench decision in Smt. Mosarrat Arra
Khanam and the explicit mandate of Clause 5 of Resolution dated 20.12.2000.
The Full Bench categorically held that the doctrine of "Equal Pay for Equal
Work" has no application in these matters. Direct recruits appointed pursuant
to BPSC Advertisement No. 4/1998 constituted a distinct and isolated group
whose selection process commenced prior to de-merger under advertised
conditions. Compassionate appointees cannot claim legitimate parity with such
direct recruits.
Mere pendency of an application for compassionate appointment or a
recommendation by the District Establishment/Compassionate Committee
prior to de-merger does not create a vested right to be appointed against a pre-
demerger post. Post 20.12.2000, all available clerical vacancies automatically
stood converted to entry-level LDC posts in the pay scale of 3050–4590/-. ₹
The decision in Binit Kumar & Ors. v. The State of Bihar (CWJC No. 9921
of 2017) , which pertained to the Accounts Clerical Cadre and Finance
Department Resolution No. 3111 dated 25.03.2015, rests on entirely distinct
service rules and has no application to general clerical/LDC appointments.
30. Applying the aforesaid authoritative principles to the present case, petitioner No.1
Tuntun Kumar Paswan was appointed on compassionate grounds after the cut-off
date of 20.12.2000. By operation of law and executive instructions, the only entry-

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level post available for compassionate appointment in the general clerical cadre post-
demerger was that of Lower Division Clerk carrying the pay scale of 3050–4590/- ₹
(PB-1 5200–20200/- + Grade Pay 1900/-). ₹ ₹
31. The petitioners, having accepted their appointment on the specified pay-scale of
LDC and having joined service accordingly, cannot subsequently turn around to
claim a higher pay scale of 4000–6000/- or seek parity with isolated historical ₹
cadres or direct recruitment processes initiated prior to the de-merger policy.
Any administrative order or modification rectifying an erroneous higher
pay scale and restoring the petitioners to the prescribed LDC scale of 3050–4590/- ₹
(Grade Pay 1900/-) aligns strictly with the statutory mandate. ₹
32. Although the State authorities are well within their rights to correct the pay scale
of the petitioners prospectively to 3050–4590/- (Grade Pay 1900/-), this Court ₹ ₹
notes from Paragraph 3 of Annexure-3 that the higher pay scale was granted to the
petitioners by the department without any misrepresentation, fraud, or overt act
attributable to them.
In light of the principles settled by the Hon'ble Supreme Court in State
of Punjab & Ors. v. Rafiq Masih (White Washer) [(2015) 4 SCC 334] , the
recovery direction contained in Clause 3 of Annexure-2 cannot be sustained. Any
excess salary or allowances already paid to the petitioners under the higher scale prior
to 26.05.2017 shall not be recovered.
33. With respect to the petitioners' service status following the reversion to Lower
Division Clerk under Annexure-2, it is clarified that their continuous service from

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their initial date of joining under Annexure-1 shall be counted for the purposes of
pension, length of service, and consideration for regular promotion to Upper Division
Clerk under the applicable rules.
34. With respect to any intervening period of dismissal or service disruption, the
petitioners shall be governed by the standard service rules of the State Government;
however, no claim for higher pay scale, scale-up or back-wages on the basis of the
un-entitled pay scale of 4000–6000/- can be given. ₹
35. In the light of the legal framework and the decision of the Full Bench in CWJC
No. 23831 of 2018 (Ravi Shankar Kumar v. The State of Bihar & Ors., decided
on 27.08.2025) , this Court holds that the petitioners are entitled only to the pay scale
of 3050–4590/- (Grade Pay 1900/-) attached to the post of Lower Division Clerk. ₹ ₹
36. Consequently, the writ petition is disposed of accordingly.
37. Interim orders, if any, stands vacated. There shall be no order as to costs.
(Kumar Manish, J)
sanjeev/-
AFR/NAFR AFR
CAV DATE 24.08.2026
Uploading Date 01.09.2026
Transmission Date