Patna High Court CWJC No.10077 of 2010 (3) dt.25-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10077 of 2010 ====================================================== Neeraj Kumar Sinha & Ors .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Achal Kumar Sinha For the Respondent/s : Mr. (Ga8) ====================================================== 3 25-10-2011 Heard learned counsel for the petitioners and the State. The petitioners have been appointed as Lower Division Clerks in the years-2003-2004 on the pay scale of Rs.3050-4590. They are aggrieved demanding the pay scale of Rs.4000-6000. The pleadings state that some of them have been appointed on compassionate grounds while others have been appointed after an advertisement, selection and recommendation by the Staff Selection Commission. They therefore clearly form two separate categories. While such of the petitioners who may have been appointed after an advertisement and recommendation may have a claim to be considered for parity in pay scale in pursuance of similar orders dated 9.10.2004 sought to be relied upon, those appointed on compassionate grounds may have to be considered on basis of any government instructions fixing the maximum pay scale for compassionate appointments in Class-3. A passage of one and a half years since 22.3.2010 has not been considered sufficient by the respondents to file a Patna High Court CWJC No.10077 of 2010 (3) dt.25-10-2011 counter affidavit. No useful purpose is going to be served by keeping the matter pending in the nature of the claim made for the difference of pay scale which, if justified, is a continuing cause of action. Let the respondents consider the grievances of the petitioner in accordance with law and the present discussion within a maximum period of four months from the date of receipt/production of a copy of this order before the concerned respondent and dispose it off by a reasoned and speaking order. The writ application stands disposed. Krishna Chandra Jha/- (Navin Sinha, J)