IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10096 of 2002 RAJAN KUMAR Son of Sri Radha Raman Prasad resident of Village Waini P.S. Pusa Road, District- Samastipur at present posted as Accounts Clerk, District Treasury, Sitamarhi. Versus 1.THE STATE OF BIHAR 2.TheFinance Commissioner, Old Secretariat, Patna. 3.The Additional Finance Commissioner ( Resources) Finance Department, Old Secretariat, Patna. 4.The Treasury Officer, District-Sitamarhi. ----------- 7 27/7/2009 Heard Counsel for the parties. Prayer made in this writ application in its paragraph no. 1 reads as follows: - “That this writ application is being filed for issuance of writ of certiorari for quashing of letter no. 5776 dated 19.7.02 (of contained in Annexure-3) issued by the Additional Finance Commissioner (Resources) (Respondent no. 3) by which it has been resolved that all the employees of different Boards/Corporations who are working on deputation in different Treasuries/sub-Treasuries in the State of Bihar be sent back with immediate effect to their respective Boards) Cooperations if their revised pay scale more than Rs. 4590/- the pay scale of the post of Lower Divisional Clerk in Collectorate Cadre/General Provident Fund cells is Rs. 3050-4590 on which the appointment of aforesaid deputationists is under consideration and also the deputationists whose statement of Fixation of revised pay scale more than the aforesaid scale of Rs. 4590/- has been received in respective Treasuries or the deputationists from whom excess amount an account of revised pay has been recovered will also be subjected to be reverted back to their respective 2 Boards/Cooperations and/or for issuance of my other writ/writs, direction/direction, order/orders as it may deem fit and proper to your Lordships in the ends of justice.” Counsel for the petitioner submits that during pendency of this writ application the petitioner has since been absorbed in the Government service by an order dated 8.3.2006 in the pay scale Rs. 3050-4590 with certain terms and conditions and as such he has been instructed not to press this application. This application is accordingly dismissed as not pressed but it is clarified that if the petitioner in terms of the interim order dated 17.9.2002 of this Court was continuing in service prior to 8.3.2006 in the Sitamarhi Treasury of the State Government he will not be paid higher salary beyond the pay scale of Rs. 3050-4590 for the period 19.7.2002 to 7.3.2006 i.e. from the date of his deputation had come to an end and till date he was absorbed in the government service. If any higher salary has been paid on the strength of the impugned order of this Court that must be recovered from the petitioner because the impugned order dated 19.7.2002 has ultimately been not varied/modified/rescinded by this Court. Let a copy of this order be given to Mr. S.K. Ghosh, learned A.A.G.-2, appearing for the State. Abhay Kumar (Mihir Kumar Jha, J.)