IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2182 of 2007 Radhey Shyam Singh, SON OF LATE BHIKHARI SINGH, RESIDENT OF PANWARA, P.S.- SURYAPURA, DISTRICT- ROHTAS :--- PETITIONER. Versus 1.The State Of Bihar 2. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, ROHTAS AT SASARAM :---RESPONDENTS. ---------------------------------- 2. 16.08.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed on compassionate ground pursuant to office order bearing Memo No. 76 dated 15.1.2001 (Annexure-2) on the post of clerk in the scale of Rs. 4,000- 6,000/-. He has filed this writ petition praying, inter alia, to direct the authorities to grant him the scale of Rs. 4,000-6,000/- which is not being given to him since the date of his joining i.e. 24.1.2001. 3. By filing counter affidavit State- respondents have placed on record the Government decision contained in Letter No. 8825 dated 20th December, 2000 (Annexure-A), whereunder cadre of the clerks has been bifurcated into Lower, Upper Division Clerks. Clerks appointed in the Lower Division are to be given the scale of Rs. 3050- 4590/-. The post of Lower Division Clerk is the post in the basic grade and the post of Upper Division 2 Clerk is in the promotional post for those who are appointed as Lower Division Clerk. The appointment letter of the petitioner bearing Memo No. 76 dated 15.1.2001 was issued ignoring the Government instruction contained in Letter No. 8825 dated 20th December, 2000, Annexure-A to the counter affidavit. The authorities after accepting the joining of the petitioner allowed him the lower scale admissible to the Lower Division Clerks i.e. 3050-4590/- which fact is also noted in the service- book of the petitioner that he has joined the post pursuant to appointment letter no. 76 dated 15.1.2001 in the scale of Rs. 3050-4590/-. The mistake which had crept in the appointment order dated 15.1.2001 has been corrected at the time of acceptance of the joining of the petitioner by giving him the lower scale of Rs. 3050-4590/- 4. In the circumstances, I do not find any illegality in granting the petitioner the lower scale of Rs. 3050-4590/-. The writ petition is dismissed. P.K.P. (V.N.Sinha,J.)