KRISHNA KUMAR ALIAS KRISHANA KUMAR, S/O LATE KANHAIYA LAL R/O VILL. Vs. STATE OF BIHAR THROUGH ITS CHIEF SECRETARY GOVT. OF BIHAR, OLD SECRETARIAT, PATNA AND ORS.

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C. No. 2686 of 2004, and is aggrieved by the order dated 12.7.2010, whereby the writ petition has been dismissed, and the decision of the respondent authorities declining him the benefit of pay-scale of Rs. 4000-6000, has been upheld.

(2.) A brief statement of facts essential for the disposal of this appeal may be indicated. The appellant's father was an Amin in the services of the Bihar Government, a class III post, and died in harness. The appellant was then a graduate. The appellant's application for appointment on compassionate ground on a class III post was considered by the District Compassionate Establishment Committee, and was recommended for appointment as a clerk in the pay-scale of Rs. 4000-6000, vide letter of recommendation dated 21.8.2000. Respondent no.3, being the appointing authority, accepted the report and issued Order no. 93/2000-2001, dated 23.8.2000, whereby the appellant was appointed as a clerk in the pay-scale of Rs. 4000-100-6000 in the District Establishment Section, Aurangabad. It was an order appointing six persons, four of whom were appointed to the posts of clerk on the same pay-scale, the other two were appointed on class IV posts. None of the other five persons are before us not relevant in the present context, and is only for the sake of completion of record.

(3.) 1. The appellant had ultimately joined on 29.12.2000. His service book was opened wherein it is, inter alia, stated that he has been given the pay-scale of Rs. 3050-4500, whereas his appointment letter states that he was being appointed on the pay-scale of Rs. 4000-100-6000. Aggrieved by this situation, the appellant preferred the writ petition which has been dismissed by the learned Single Judge mainly on the ground that the cadre of clerks has been bifurcated by order dated 20.12.2000, which created the cadres of lower division clerks carrying pay-scale of Rs. 3050-4500, and the upper division clerks carrying the pay-scale of Rs. 4000-6000. The vacancies in the cadre of upper division clerks would be entirely filled up by promotion. Paragraph 5 of the order is relevant in the present context and is reproduced hereinbelow: