IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14876 of 2009 1. MD.SABIR ANSARI S/O LATE KUTUBUDDIN, R/O VILL AND P.O- SIMRI, P.S-BIHRA, DISTT- PATNA, PRESENTLY WORKING AS JUNIOR ACCOUNTS CLERK IN THE OFFICE OF EXECUTIVE ENGINEER, PUBLIC HEALTH (MECHANICAL) DIVISION, PATNA, DISTT- PATNA 2. PARAS NATH SINGH S/O SRI SATAN SINGH R/O VILL-MURAR TOLA KONHI, P.O- AND P.S-MURAR, DISTT- BUXAR, PRESENTLY WORKING AS JUNIOR ACCOUNTS CLERK IN THE OFFICE OF EXECUTIVE ENGINEER, PUBLIC HEALTH (MECHANICAL) DIVISION, PATNA, DISTT- PATNA 3. KAPILDEO PRASAD S/O LATE MAHARAJ PRASAD R/O VILL-BAGHARA MARGANJ, P.O- BAGHARA, P.S-MOHIUDDIN NAGAR, DISTT- SAMASTIPUR, PRESENTLY WORKING AS JUNIOR ACCOUTNS CLERK IN THE OFFICE OF EXECUTIVE ENGINER, PUBLIC HEALTH (MECHANICAL) DIVISION, PATNA, DISTT- PATNA 4. KAMLESH NANADAN, S/O SRI DHANESHWAR PRASAD MANDAL, R/O FLAT NO. 129, ROAD NO. 21, SRI KRISHNA NAGAR, PATNA, P.O-G.P.O, P.S-BUDHA COLONY, DISTT- PATNA, PRESENTLY WORKING AS JUNIOR ACCOUTNS CLERK IN THE OFFICE OF EXECUTIVE ENGINEER, PUBLIC HEALTH (MECHANICAL) DIVISION, PATNA, DISTT- PATNA -------------------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE FINANCE SECRETARY, GOVERNMENT OF BIHAR, PATNA 4. THE ENGINEER-IN-CHIEF--CUM-ADDITIONAL SECRETARY-CUM- SPECIAL SECRETARY PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. THE CHIEF ENGINEER (MECHANICAL), PUBLIC HELATH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 6. THE SUPERINTENDING ENGINEERING PUBLIC HEALTH MECHANICAL CIRCLE, PATNA 7. THE EXECUTIVE ENGINEER, PUBLIC HEALTH MECHANICAL DIVISION, PATNA -------------- RESPONDENTS ----------- 2 23-11-2009 Heard learned counsel for the petitioners and the State. The controversy in this case relates to the appointment of the petitioners on the post of Clerk after the date of merger of Senior Accounts Clerk and Junior Accounts Clerk when nonetheless at the time of appointment they were given pay scale of the earlier post of Junior Accounts Clerk. After report of the 5th Pay Revision and de-merger, they have again been granted - 2 - an incorrect lower revised scale of Junior Accounts Clerk. Counsel for the parties are not an issue that the case of the petitioner is fully covered by the Judgment of this Court in C.W.J.C.No.5701 of 2004 and analogous case disposed of on 3.5.2005. The petitioners appear to have rushed to this Court without even drawing the attention of the authorities to the same. The objection of the State that the petitioners may be entitled to benefit prospectively only in view of their having approached this Court belatedly for the original relief and even belatedly five years after the order of this Court on the basis of relief as claimed are matters to be appropriately considered by the authorities when they finally consider the claim of the petitioners in the light of the earlier Judgments of this Court referred above. Let such consideration be done and final appropriate orders be passed, legitimate dues be paid within a maximum period of five months from the date of receipt/production of the present order. NKS/- ( Navin Sinha, J)