IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4845 of 2010 1. BHARAT LAL S/O LATE JANAKDHARI LAL R/O MOH.- TIKIYATOLI, P.S.- KHAJEKALAN, P.O.- JHAUGANJ ( MOGALPURA ), PATNA CITY, DISTT.- PATNA 2. NIRANJAN SINGH YADAV S/O SRI LALA SINGH YADAV R/O MOH.- GHASIYARI TOLA, P.O.- BEGAMPUR, P.S.- CHOWK, DISTT.- PATNA 3. MD. ANWARUL HAQUE S/O MD. WARIS HUSSAIN R/O MOH.- SAKUNAF KHURD, P.O. + P.S.- BIHARSHARIF TOWN ( NALANDA ), BIHARSHARIF 4. SURENDRA KUMAR VERMA S/O LATE MAHESHWAR PRASAD R/O MOH.- CHAITANYA NAGAR, KUMHRAR, P.O.- LOHIA NAGAR, P.S.- AGAMKUAN, DISTT.- PATNA 5. VIJAY KUMAR S/O SRI RAM SHARAN PRASAD R/O VILL.- ANDAULI, P.O.- ANDAULI, P.S.- SAKSOHARA, DISTT.- PATNA 6. KRISHNA PRASAD SINGH S/O LATE MUNSHI PRASAD YADAV R/O GURUDWARA ROAD, DANAPUR CANT, P.S.- DANAPUR, DISTT.- PATNA 7. RAJ MUNI PANDIT S/O LATE JAGO PANDIT R/O VILL.+ P.O.- KALA, P.S.- LAXMIPUR, DISTT.- JAMUI 8. SARITA SHRIVASTAVA D/O LATE R.L. SHRIVASTAVA R/O ROAD NO.- 1, GOVT. QR. NO.- 25, KAZIPUR, P.S.- KADAMKUAN, DISTT.- PATNA 9. HARISH CHANDRA JHA S/O LATE BAUAN JHA R/O ROAD NO.- 2, QR. NO.- 4, KAZIPUR, GOVT. QUARTER, P.S.- KADAMKUAN, DISTT.- PATNA 10. SHANKAR SHARAN MADHUKAR S/O LATE JAGDISH NARAIN LAL R/O QR. NO.- 12, ROAD NO.- 1, KAZIPUR QRS. P.S.- KADAMKUAN, DISTT.- PATNA- 4 11. CHANDRA BHUSHAN PRASAD S/O LATE SHEO PRASAD SAH R/O MOH.- CHAPRA COLONY, LANE NO.- 2, P.O. + P.S.- JAKKANPUR, DISTT.- PATNA- 1 12. SHIVENDRA KUMAR S/O LATE RAMAKANT HIMANSHU R/O VILL.- ADLIPUR, P.O.- NEORA, P.S.- BIHTA, DISTT.- PATNA 13. SUNIL KUMAR S/O SRI LALA LAKHAN PRASAD R/O 2- SUCHI COMPLEX, BLOCK- B/101, PATEL PATH ( MAZAR KI GALI ), P.S.- SHASTRI NAGAR, DISTT.- PATNA- 14 Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER DEPTT. OF REVENUE AND LAND REFORMS, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY DEPTT. OF REVENUE AND LAND REFORMS, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE-CUM-COLLECTOR PATNA, BIHAR 5. THE DISTRICT ESTABLISHMENT COMMITTEE/SCREENING COMMITTEE, PATNA THROUGH ITS CHAIRMAN COLLECTOR- CUM-DISTRICT MAGISTRATE, PATNA, BIHAR ----------- 2 For the Petitioners:- Mr. Tej Bahadur Singh, Sr. Adv. Mr. Gyan Shankar, Adv. Mr. Bristetu Sharan Pandey, Adv. For the State:- AC to SC-8 ------------ 2. 9.11.2010 Heard learned counsel for the petitioners and the State. The issue for consideration in this application is the date from which the benefit of 1st and 2nd A.C.P. in the pay scale Rs. 4500-7000/- and Rs. 5000-8000/- on completion of 12/24 years of service respectively should be granted. Learned counsel for the petitioners questions the order dated 6.6.2008 passed by the Department of Revenue and Land Reforms holding that the benefit was available from 9.10.2006 only and not prior to that date. He submits from Annexures 8 and 9 dated 15.11.2006 and 12.12.2006 issued by the District Magistrate Madhubani and Sitamarhi that the benefit has been made available from 1999. In fact, the District Magistrate, Patna specifically raised that query on 28.3.2007 with regard to the date from which the petitioners were to be granted the scale in context of the orders passed by the District Magistrates of Madhubani and Sitamarhi. The impugned order does not deal with the query raised by the District 3 Magistrate. It is submitted that if persons similarly situated like the petitioners as Stenographers in other Districts have been granted that pay scale from 1999, there shall be no justification for singling out the Stenographers in Patna for granting that pay scale from 9.10.2006. Counsel for the State prays for time to file counter affidavit. The query made by the District Magistrate is reasoned. It specifically raised the issue of discrimination urged by the petitioners, vis- à-vis persons similarly situated in the District of Madhubani and Sitamarhi. The respondents were required to deal with that issue specifically. If the benefit granted in the District of Madhubani and Sitamarhi has been cancelled and the impugned orders had so stated perhaps matters may have been different. But if the impugned order eschewed and evades to decide the issue of discrimination pointed out by the District Magistrate in his query, under Article 14 of the Constitution of India, the order dated 6.6.2008 clearly becomes arbitrary. The order dated 6.6.2008 is accordingly set aside. The matter is remanded to the Revenue and Land Reforms Department to pass a fresh 4 reasoned and speaking order discussing the issue as raised in the query of the District Magistrate, Patna dated 28.3.2007 more particularly if the similar benefit had been given to Stenographers in the Districts of Madhubani and Sitamarhi had been interfered with or not. If it has not been interfered with and has found acceptability with the department, the respondents are obliged to decide the claim of the petitioner in light of the allegation of discrimination raised under Article 14 of the Constitution of India. Let such fresh decision be taken and reasoned and speaking order passed within a maximum period of five months from the date of receipt/production of a copy of this order. Needless to state, if the respondents find justification in the claim or in any part of the claim, necessary consequential order shall be issued within the same period. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)