IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15060 of 2011 Krishna Kumar S/O Late Ganga Nath Jha R/O Vill. At + P.O.- Ranti, P.S.- Rajnagar, Distt.- Madhubani---Petitioner Versus 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Old Secretariat Patna 3. The Commissioner, Deptt. Of Finance Old Secretariat, Patna 4. The Secretary, Department Of Finance, Old Secretariat, Patna 5. The Commissioner, Darbhanga Division, Darbhanga 6. District Magistrate, Madhubani-----Respondents ---------------------------------- 2 21.10.2011 Heard learned counsel for the parties. Entry of the petitioner in service is a kind of back door in the sense that he has been given appointment on the post of lower division clerk under the compassionate head. A letter of appointment issued in favour of the petitioner is annexure-1 dated 3.6.2005. Petitioner has been given a pay scale of Rs. 3050 to 4590/- i.e. the pay scale which is available for lower division clerk after the recommendation of pay revision committee and bifurcation of the post of clerk into Lower Division Clerk and Upper Division Clerk. Prior to the bifurcation in the year 2000 there was uniform one pay scale i.e. Rs. 4000 to 6000/-. When the petitioner was appointed the pay scale to a Lower Division Clerk was Rs. 3050 to 4590/- . Grievance of the petitioner is that there is kind of discrimination being practiced in award of pay scale because similarly appointed persons are drawing higher salary to Rs. 4000 to 6000/- whereas the petitioner has been given a lower pay scale. The so called discrimination being urged or pleaded by the petitioner is based on misplaced facts if not mistaken understanding of law. There is a history behind the grant of pay scale when some appointees came to be given the benefit of Rs. 4000 to 2 6000/- based on a judicial order, in the circumstances prevailing then. Recruitment on the post of clerks on the basis of advertisement was issued in the year 1998, selection dragged on and not completed by a time frame. When it was completed, the bifurcation of the post of clerical cadre had already come into place. Some persons came to be appointed earlier and some at a later date. In was in this background a learned Single Judge in the case of Ganesh Singh & others vs. State of Bihar & other reported in 2007 (1) PLJR 159 gave a direction that since all of them formed a class by themselves, having their origin on the basis of the advertisement of the year 1998, which is prior to bifurcation, therefore they will have to be given one uniform pay scale. By no stretch of imagination the direction of learned Singe Judge would apply to the case of present petitioner because petitioner has come to be appointed in 2005 and by that time bifurcation of two pay scales had been in place for more than five years. Petitioner also accepted his appointment on the pay scale way back in the year 2005. Obviously the petitioner has been wrongly advised that his case comes within the parameter of that judgment which has been rendered in the case of Ganesh Singh & others (Supra). In the opinion of this Court the case of the petitioner is totally distinguishable from the set of facts which forms the basis for adjudication in the earlier case. So far as the present petitioner is concerned he cannot get better pay scale than what he is being paid because Rs. 4000 to 6000/- is given to Upper Division Clerk which is 3 a promotional post from Lower Division Clerk. This writ petition is ill advised and devoid of merit. It is accordingly dismissed. RPS ( Ajay Kumar Tripathi, J.)