ABHAY KUMAR Vs. STATE OF BIHAR
LAWS(PAT)-2021-4-13
HIGH COURT OF PATNA
Decided on April 06,2021

ABHAY KUMAR Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

CHAKRADHARI SHARAN SINGH,J. - (1.) As both the writ applications involve same legal issues and facts of the two cases are also similar to a considerable extent, they have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.
(2.) This is an admitted position that the posts of Lower Division Clerk and Upper Division Clerk under the State Government of Bihar were merged and rechristened as 'Assistant' with a common pay-scale with the issuance of letter No.3734 dated 07.04.1977. Subsequently, the post of Assistant was demerged into two different cadres, namely, Lower Division Clerk (LDC) and Upper Division Clerk (UDC) with effect from issuance of a letter No.8826 dated 20.12.2000 by the Finance Department, Government of Bihar. At the relevant point of time, the post of LDC carried pay-scale of Rs.3050-4500, whereas pay-scale of Rs.4000-6000 was made admissible to the post of Upper Division Clerk. Sub-clause (ii) of Clause 5 of the said letter of the Finance Department dated 20.12.2000, clearly stipulated that no direct appointment on the post carrying higher pay-scale of Rs.4000- 6000 shall henceforth be made and in case where process of selection is underway, the same should be cancelled with immediate effect, even if the process of selection had been completed.
(3.) The petitioner of C.W.J.C. No. 7988 of 2020 (Abhay Kumar) was appointed on compassionate ground against Class-III post of Clerk by an order dated 22.01.2001 in the scale of Rs.4000-6000, consequent upon death of his father. However, after noticing the said policy decision of the State Government of Bihar, as contained in the letter dated 20.12.2000, the District Magistrate, Samastipur, issued a subsequent order as contained in Memo. No. 283 dated 02.03.2001, modifying the pay-scale to Rs.3050-4590 in place of Rs.4000-6000.;


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