Naveen Kumar vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1992 of 2023
CNR No. BRHC010020112023
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1. Naveen Kumar Son of Late Nasib Lal Das Resident of Village- Naya Bazar,
Ward No.- 09, (West of Dr. Moti Verma), P.O. and P.S. and District- Saharsa.
2. Niraj Kumar Bose, Son of Late Rajendra Prasad Yadav Resident of Village-
Gorha, P.O.- Bashampur, P.S.- Simri Bakhtiyarpur, District- Saharsa.
3. Nand Kishore Ravi, Son of Late Ramu Prasad Ram Resident of Village and
P.O.- Bihra, P.S.- Bihra, District- Saharsa.
4. Alok Kumar, Son of Late Harinandan Prasad Sinha Resident of Village-
Sinha Bhawan, Uchit Nagar, Nariyar, Ward No.- 03, P.O. and P.S. and
District- Saharsa.
5. Rajesh Kumar, Son of Late Gajendra Prasad Sah Resident of Village- New
Colony, Ward No.- 09, P.O. and P.S. and District- Saharsa.
6. Vikram Kumar, Son of Late Baleshwar Prasad Yadav Resident of Village-
Tamkuha, P.O.- Bairath, P.S.- Sonbarsa, District- Saharsa.
7. Baby Kumari, Wife of Late Kundan Kumar Resident of Village and P.O.-
Aaran, P.S.- Bihra, District- Saharsa.
8. Shikha Kumari, D/o Late Vijay Kumar Yadav Resident of Village- Tiri, P.O.-
Dhanchoha, P.S.- Sourbazar, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of General Administration,
Government of Bihar, Patna.
3. The Divisional Commissioner, Koshi Division, Saharsa.
4. The District Magistrate, Saharsa.
5. The Deputy Collector, Establishment, Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Advocate
For the Respondent/s : Mr. Pramod Kumar Singh, GP-34
Mr. Amit Kumar, AC to GP-34
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-10-2026
Heard learned counsel for the petitioners and learned

Patna High Court CWJC No.1992 of 2023 dt.27-10-2026
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counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“That this is an application for issuance of
appropriate writ/writs, order/orders,
direction/directions, commanding and
directing the Respondent authority concerned
to grant of pay scale of Rs.4000-6000/- i.e.
grade pay Rs.2400/- in place of pay scale of
Rs.3050-4500/- (Revised pay scale 5200-
20200, grade pay Rs.1900) to the petitioners
from the date of joining and consequential
arrears of salary in the light of order passed
by this Hon'ble Court in C.W.J.C.
No.3353/2018 disposed of vide order dated
27.02.2018 as well as order passed in L.P.A.
No. 167/2016 disposed of vide order dated
23.06.2017 passed by Division Bench of this
Hon'ble Court under which in view of merger
of Lower Division Clerk and Upper Division
Clerk and new nomenclature as Assistant and
on that basis petitioners have been
discriminated. And/or any other relief or
reliefs for which the petitioners are found
entitled to in the facts and circumstances of
this case.”
3. Learned counsel for the State raised preliminary

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objection and submits that the issue involved in the present writ
petition has already been decided by the Hon’ble Full Bench of
this Court in case of Ravi Shankar Kumar Vs. The State of
Bihar, through the Chief Secretary & Ors with other
analogous cases reported in 2025 SCC Online Pat 2627, by
which a cut-off date i.e. 20.12.2000 was fixed and the Hon’ble
Full Bench observed that those who appointed after 20.12.2000
shall be entitled to the pay scale of Rs. 3050-4590/- and not Rs.
4000-6000/-. Here in the present case, the petitioners were
appointed after the cut-off date i.e. 20.12.2000, therefore, he is
not entitled for pay scale of Rs. 4000-6000/-.
4. Upon perusal of the above mentioned judgment i.e.
Ravi Shankar Kumar Vs. The State of Bihar, through the Chief
Secretary & Ors. ( supra ) , it transpires to this Court that it’s
para 82 & 83 are very much relevant which are reproduced here-
in-below:-
“…...82. In ultimate analysis, we proceed to
answer the question referred to the larger
Bench in C.W.J.C. No. 23831 of 2018 as
under:-
(i) Any person appointed on the post of Lower
Division Clerk after demerger in the scale of
Rs.3050-Rs.4590/- cannot claim and would
not be entitled to a higher pay scale of

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Rs.4000-Rs.6000/-. This Court has already
noticed that the judgment of the Division
Bench in the case of Smt. Mosarrat Arra
Khanam (Supra) was not brought to the notice
of the subsequent Division Bench in the case
of Avinash Kumar Chakerworty) (supra). It is
further held that the principle of “Equal pay
for equal work” has no application in these
matters.
…..83. In C.W.J.C. No. 2804 of 2020, three
questions have been referred to the larger
Bench, we answer the same in corresponding
terms as under:-
(i) the views expressed by the Hon’ble
Division in the case of Smt. Mosarrat Arra
Khanam and others (supra) is the correct
view. We do not approve the views expressed
by the Division Bench in the case of Avinash
Kumar Chakerworty and others. The case of
Binit Kumar and Others (supra) deals with
altogether a different issue which is not falling
for consideration in the present writ
applications.
(ii) After Finance Department’s Resolution
dated 20.12.2000, a demerger of the post of
Assistant resulted in existence of three
different posts i.e. (I) Lower Division Clerk
(ii) Upper Division Clerk and (iii) Assistant.
In terms of clause (5)(i) of the Resolution
Dated 20.12.2000 the vacancies existing in the

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post of Assistant (prior to demerger) would be
taken as the vacancies existing in the post of
Lower Division Clerk which is the junior
most/ lowest post available in that category.
Thus, the petitioners who have been appointed
after 20.12.2000 could have been appointed
only against the post of Lower Division Clerk
in the pay scale of Rs.3050/- Rs.4590/.
(iii) All the appointees on the post of Lower
Division Clerk after 20.12.2000, irrespective
of their source of appointment are entitled to
the pay scale of Rs.3050 – Rs. 4590/-.”

5. In this view of the matter, it transpires to this Court
that the petitioners were appointed after the cut-off date i.e.
20.12.2000, therefore, they are not entitled for pay scale of Rs.
4000-6000/-, as per the judgment of Ravi Shankar Kumar Vs.
The State of Bihar, through the Chief Secretary & Ors. ( supra ).
6. Accordingly, this writ petition stands dismissed.


(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 28/10/2026
Transmission Date NA