IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.694 of 2007 1. The State Of Bihar 2. The Finance Commissioner, Department of Finance, Govt. of Bihar, Patna 3. The Deputy Secretary, Department of Finance, Govt. of Bihar, Patna … Respondents… Appellants Versus 1. Ram Chandra Mistri, son of late Ram Ishwar Mistri, Resident of West Jai Prakash Nagar (Near D.V.C. Pole) P.S. Jakkanpur, P.O. G.P.O. District-Patna 2. Kamleshwar Prasad, son of late Shyama Singh, resident of village and P.O. Khapura, P.S.-Nagar Nausha, District-Nalanda 3. Sachchidanand Bahadur, son of late Sheo Nandan Prasad, Resident of Mohalla congress Maidan Road, Murari Colony, Rama Shital Sadan, New Area Kadamkuan, District-Patna …. Petitioner… Respondents ----------- For the State :- Devendra Kumar Sinha, Senior Advocate, A.A.G.-2 Pramod Kumar Sinha, Adv. A.C. to A.A.G.-2 7 28.06.2011 Counsel for both the parties have agreed that the matter can be heard finally, and therefore, the matter is taken up for final hearing. This appeal has been filed against the order dated 01.11.2006 passed in C.W.J.C. No.3630 of 2005. The main grievance of the respondents- writ petitioners in the writ petition was with regard to promotion in the revised pay-scale in terms of the resolution of the State Government dated 8th February, 1999, (Annexure-2 to the writ petition) with effect from 10.01.1996. The claim of the respondents seems to 2 be that they should be paid revised pay scale with effect from 01.01.1996 and not from the date on which the Need Based Posts were identified. The learned Single Judge after having heard the parties disposed of the writ petition with an observation that the respondent-writ petitioner cannot be deprived from the benefits of promotion with effect from the date fixed in the resolution dated 8th February, 1999 (Annexure-2 to the writ petition). The learned Sr. Counsel appearing on behalf of the State contended that the respondents-writ petitioners were not promoted on the date of the resolution i.e.8th February, 1999 as the posts have been subsequently, identified. The above factum has been disputed by the learned counsel appearing on behalf of the respondents. But however, in view of the fact that the Government has passed resolution dated 8th February, 1999 (Annexure-2 to the writ petition) extending the benefits of revised pay-scale with effect from 01.01.1996, we are of the opinion that the order of the learned Single Judge can be modified to the extent that 3 the respondents-writ petitioners are entitled for the extension of pay-scale in terms of the resolution dated 08th February, 1999 (Annexure- 2 to the writ petition) with effect from 01.01.1996 on the post they are holding as on that date. With the above modification in the order of learned Single Judge, the appeal is disposed of. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)