IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1609 of 2010 1. MADAN PRASAD BHAGAT S/O LATE SAHDEO SINGH R/O DARIYAPUR, P.S.- HARDI KHARAGPUR, DISTT.- MUNGER 2. SURESH CHANDRA SINGH S/O LATE LAXMI BARAYAM SINGH R/O VILL.- BELAN BAZAR, SRI KRISHNA ROAD, MUNGER, P.S.- KASHIM BAZAR, DISTT.- MUNGER 3. RAM SEWAK SAH S/O LATE KARU SAH R/O BHIKA DIH, P.S.- SANGRAMPUR, DISTT.- MUNGER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, BIHAR, PATNA 2. THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE, BIHAR, PATNA, OLD SECRETARIAT, PATNA 3. THE PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, NEW SECRETARIAT, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE VAISHALI (AT HAJIPUR) 5. THE DISTRICT MAGISTRATE SARAN (CHHAPRA) 6. THE DISTRICT MAGISTRATE SIWAN 7. THE DISTRICT WELFARE OFFICER SARAN AT CHAPRA 8. THE DISTRICT WELFARE OFFICER VAISHALI AT HAJIPUR 9. THE DISTRICT WELFARE OFFICER SIWAN ----------- 2/ 30/07/2010 Heard learned counsel for the petitioners and learned counsel for the State. Counter affidavit has been filed on behalf of the respondents. Learned counsel for the petitioners submits that the petitioners were paid Managers posted in different P.A.C.S. in the district of Munger. In pursuance of certain promotion by absorption into government service, ultimately on the orders of the Supreme Court examinations were held and persons like petitioners came to be appointed as Lower Division Clerks at a scale advertised at Rs.4000-6000/-. Contrary to the same, petitioners and certain others also were appointed on a - 2 - lower scale of Rs.3050-4590/-. Some of such persons moved this Court in C.W.J.C. No.15417/04 and C.W.J.C. No.9791/04. A Bench of this Court by a reasoned and speaking order directed persons like the petitioners to be given advertised scale of Rs.4000-6000/-. The State of Bihar questioned the order in L.P.A. No.1831/06 which was dismissed on 10.7.2008. Nonetheless, the petitioners have been denied the aforesaid scale vide order dated 15.6.2009. Learned counsel for the petitioner relies on a similar order dated 15.6.2009 issued by the Saran Collectorate at Chapra conditional in nature granting the higher advertised pay scale subject to any orders that may be passed by Supreme Court in the proposed appeal by the State Government. It is, indeed, unfortunate that the District Welfare Officer, Saran who has filed the counter affidavit has not even bothered to read the pleadings in the writ application and plead how the petitioner was differently situated. The counter affidavit blindly asserts that the petitioner is not entitled to the relief. There is no pleading as to how the petitioner was distinguishable from those who obtained orders of this Court and the consequential order of the State Government itself dated 15.6.2009. - 3 - This Court is satisfied that the present litigation is raising purely an administrative issue which could have been avoided if the deponent of the counter affidavit had been a little more cautious and responsible. Considering the conduct of the District Welfare Officer concerned, this Court directs the Principal Secretary, Department of Personnel and Administrative Reforms to examine the grievances of the petitioner in light of the order of the Saran Collectorate dated 15.6.2009 and pass appropriate orders within a maximum period of six weeks from the date of receipt/presentation of a copy of this order before him. The writ application stands disposed. KC ( Navin Sinha, J.)