IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.476 of 2007 1. PREM KUMAR, SON OF FULENA BHAGAT RESIDENT OF VILLAGE + P.O. BELAWN, P.S. DAROLI, DISTRICT SIWAN. 2. SUJIT RAM, SON OF NAGESHWAR RAM, RESIDENT OF VILLAGE BHOPATPURA, P.O. AND P.S. MAIRWA, DISTRICT SIWAN 3. BRAJESH BAITHA, SON OF RAGHUNATH BAITHA RESIDENT OF VILLAGE MAJHWALIYA, P.S. GUTHANI, DISTRICT SIWAN. 4. SHAHID EQBAL, SON OF MD. MUSTAKIM RESIDENT OF MOHALLA MAKHDUMSARAI, P.S. AND DISTRICT SIWAN. 5. SANJAY KUMAR YADAV, SON OF VIDYA PRASAD YADAV RESIDENT OF VILLAGE SADIPUR(KHATOLA), P.S. GORIAKOTHI, DISTRICT SIWAN. 6. SHARMA RAM, SON OF LATE VIRAN RAM, RESIDENT OF VILLAGE DHARHARA, P.S. MAIRWAN, DISTRICT SIWAN. 7. SUJAY PRAKASH GUPTA, SON OF SITARAM SAH, RESIDENT OF VILLAGE BHEKHPURWA, P.S. PANCHRUKHI, DISTRICT SIWAN. 8. ASHOK KUMAR SON OF SHRI HARICHARAN RAI, RESIDENT OF VILLAGE KHARATALI, P.S. PARSA BAZAR, DISTRICT PATNA. 9. MANOJ KUMAR PRASAD, SON OF SHRI SUKDEO PRASAD, RESIDENT OF VILLAGE SAJNA, P.S. BHAIRWA, DISTRICT SIWAN. 10. SHAILENDRA CHOUDHARY, SON OF SHRI SHEONATH CHOUDHARY, RESIDENT OF VILLAGE KOIRIGAWAN, P.S. BARHARIYA, DISTRICT SIWAN. 11. PRADEEP KUMAR, SON OF SHRI SADANAND MANDAL, RESIDENT OF VILLAGE RAMNAGAR, P.S. PIPRA, DISTRICT SUPAUL. 12. RAVI PRAKASH, SON OF LATE ARJUN PRASAD, RESIDENT OF VILLAGE CHAINPUR, P.S. SISAWAN, DISTRICT SIWAN. 13. SMT. KUMARI RITA, WIFE OF SHRI SHAILENDRA KUMAR SINGH, RESIDENT OF VILLAGE CHOMUKHA, P.S. PACHRUKHI, DISTRICT SIWAN. 14. SUSHILA KUMARI, WIFE OF SHRI AMARNATH RAM, RESIDENT OF VILLAGE BRAHMASTHAN, P.S. BHAGWANPUR HAT, DISTRICT SIWAN. 15. JAY PRAKASH SINGH, SON OF SHRI NAGESHWAR SINGH, RESIDENT OF VILLAGE + P.O. MAHUA, DISTRICT SIWAN. 2 16. JIYAUL HAQUE ANSARI, SON OF SHRI MAKSUD ALAM ANSARI, RESIDENT OF VILLAGE PARWA, P.S. BARHARIYA, DISTRICT SIWAN. 17. SUBHASH KUMAR SINGH, SON OF SHRI RAWANESHWAR PRASAD SINGH, RESIDENT OF VILLAGE NAWHATTA, P.S. NAWHATTA, DISTRICT SAHARSA. 18. GOPAL MISHRA, SON OF SHRI NITYANAND MISHRA, RESIDENT OF VILLAGE KISHUNPUR MISHROLI, P.S. JIRADEI, DISTRICT SIWAN. 19. RAMNARESH BAITHA, SON OF SHRI GANESH BAITHA, RESIDENT OF VILLAGE MERAHI, P.S. M.H. NAGAR, DISTRICT SIWAN. 20. DINANATH SAH, SON OF SHRI GUPTESHWAR SAH, RESIDENT OF VILLAGE NARAYANPUR, P.S. PIRO, DISTRICT SIWAN. 21. NASIMULHAQUE ANSARI, SON OF AINULHAQUE ANSARI, RESIDENT OF MOHALLA PURANA KILOPOKHRA, DHOBITOLA, P.S. AND DISTRICT SIWAN. 22. PREM KUMAR MANJHI, SON OF LATE SINGHASAN MANJHI, RESIDENT OF VILLAGE GOPALPUR, P.S. BASANTPUR, DISTRICT SIWAN. 23. SUNIL KUMAR SINGH, SON OF LATE SHYAMNANDAN PRASAD, RESIDENT OF VILLAGE SADARPUR, P.S. BARHARIYA, DISTRICT SIWAN. 24. SHASHIKANT SHARAD, SON OF SHRI UPENDRA MAHTO, RESIDENT OF VILLAGE SAMDA, P.S. SARSI, DISTRICT PURNEA. 25. ANIL PRASAD SINGH, SON OF LATE LAL BEHARI SINGH, RESIDENT OF VILLAGE SARBADARI, P.S. MASAURHI, DISTRICT PATNA. 26. DHARMENDRA KUMAR, SON OF SHRI PANCHCHI LAL, RESIDENT OF VILLAGE NAYATOLA(SAGUNA), P.S. DANAPUR, DISTRICT PATNA. 27. PARMANAND RAM, SON OF SHRI NAGINA RAM, RESIDENT OF VILLAGE CHAINPUR, P.S. JAMOBAZAR, DISTRICT SIWAN. 28. RAJESH PRASAD GUPTA, SON OF KAILASH PRASAD GUPTA, RESIDENT OF VILLAGE LADHI BAZAR, P.S. GORIAKOTHI, DISTIRCT SIWAN. 29. SHAMBHU SHARAN AKELA, SON OF GAURI SHANKAR PD. SAH, RESIDENT OF VILLAGE JALALPUR, P.S. JAMOBAZAR, DISTRICT SIWAN. 30. NEJAMUDDIN ANSARI, SON OF SHRI YUSUF ANSARI, RESIDENT OF VILLAGE RAMPUR P.S. JAMOBAZAR, DISTRICT SIWAN. 3 31. RAMESH RAM, SON OF LATE JAMUNA RAM, RESIDENT OF VILLAGE UJARHAN, P.S. M.H. NAGAR(HASANPURA), DISTRICT SIWAN. 32. SUDAMA RAM, SON OF SHRI RAMPATI RAM, RESIDENT OF VILLAGE SULTANPUR, P.S. ANDAR, DISTRICT SIWAN. 33. ASHOK KUMAR, SON OF LATE INDRASAN PRASAD, RESIDENT OF MOHALLA KUMHARTOLI, P.S. SIWAN NAGAR, DISTRICT SIWAN. 34. MANOJ KUMAR, SON OF SHRI ARVIND YADAV, RESIDENT OF VILLAGE PIPRAHI, P.S. GAMHARIYA, DISTRICT MADHEPURA. 35. JITENDRA KUMAR, SON OF KAPILDEO SINGH RESIDENT OF VILLAGE CHANDA, P.S. SIKRAHTA, DISTRICT BHOJPUR. 36. SUNIL KUMAR, SON OF SHRI SUGRIV BHAGAT, RESIDENT OF VILLAGE PUNAK, P.S. DARAULI, DISTRICT SIWAN. 37. RAJEEV RANJAN KUMAR SON OF DEONANDAN PRASAD, RESIDENT OF VILLAGE KHEMCHAND BIGHA, P.S. AND DISTRICT JEHANABAD. 38. BINDESHWAR RAJAK, SON OF RAM PRASAD RAJAK, RESIDENT OF VILLAGE AHIYAI, P.S. RAJAPAKAR, DISTRICT VAISHALI. Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF FINANCE, OLD SECRETARIAT, PATNA. 3. THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, OLD SECRETARIAT, PATNA. 4. DISTRICT MAGISTRATE, SIWAN. For the petitioners : Mr. Rajesh Bhardwaj, Advocate. For the State : Mr. Shiv Kumar, AC to GA-7. ----------- 02. 18.07.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners were applicant for the post of Clerk in the scale of Rs.1200-1800/- pursuant to 4 Advertisement dated 26.07.1998 Annexure-1 published by the Bihar Public Service Commission whereunder offer for appointment on the post of Clerk in the different collectorate of the State was made giving separate advertisement number for each district. Petitioners herein are concerned with Siwan district, number whereof is 21/98. By the time appointment letter in the light of the selection process conducted pursuant to advertisement dated 26.07.1998 was completed, the scale of Clerk was revised to 4000-6000/-. Petitioners having become successful were appointed under order no.90/2003, Annexure-2 but in the appointment letter their post was described as Lower Division Clerk in the scale of Rs.3050- 4590/-. Similar description was made in the posting order no.91/2003, Annexure-3. 3. This writ petition has been filed praying inter alia to direct the State respondents to grant the petitioners revised scale of Rs.4000-6000/- 4. Aforesaid prayer is being refuted by the counsel for the State with reference to the letter of the Finance Department bearing memo no.8825 dated 20.12.2000, Annexure-8, A whereunder post of Clerk was demerged into lower division and upper division clerk. The scale of Clerks in the Lower, Upper Division is Rs.3050- 5 4500/- and Rs.4000-6000/- respectively and according to the counsel for the State the post of Upper Division Clerk is the promotion post for those who are appointed as Lower Division Clerk. The demerger of the post of Clerk having been made by the State Government under memo no.8825 dated 20.12.2000, Annexure-8 will have no application to the appointment process already initiated pursuant to advertisement dated 26.07.1998, Annexure- 1. In the event, the state respondents were keen to appoint petitioners and others on the lower post of Lower Division Clerk, they ought to have withdrawn the advertisement dated 26.07.1998. State respondents having not withdrawn the advertisement dated 26.07.1998 in the light of the subsequent decision to demerge the post of Clerk into lower, upper division clerk made under memo no.8825 dated 20.12.2000, in my opinion, cannot reduce the scale of the appointees pursuant to advertisement dated 26.07.1998. Similar view was taken by me in connection with Advertisement no.4/98 dated 26.07.1998 in the case of appointees of the Bhojpur district under order dated 17.12.2007 passed in C.W.J.C. No.13577 of 2006 against which state respondents preferred L.P.A. No.522 of 2008 which was also dismissed under order dated 29.09.2008. 6 5. In the circumstances, following the earlier order of this Court dated 17.12.2007 referred to above, I direct that petitioners of the instant case be also granted the scale of Rs.4000-6000/- with effect from the date of their appointment and the arrears of difference of salary of the said scale and the scale of Rs.3050-4500/- be paid to them, as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the Collector, Siwan and to that extent the appointment, posting letter, Annexures-2, 3 are modified. It shall be open for the Collector, Siwan to deposit the arrears in the provident fund account of the petitioners. 6. The writ petition is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)