Patna High Court CWJC No.11195 of 2011 (2) dt.15-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11195 of 2011 ====================================================== 1. Jagdish Prasad S/O Late Jumman Mahto R/O Vill.- Sipa, P.O. And P.S.- Rana Bigha, Distt.- Biharsharif (Nalanda) 2. Laleshwar Prasad S/O Sri Moti Saw R/O Mohalla- Sahokha, P.O. And P.S.- Sohsarai, Distt.- Biharsharif (Nalanda) .... .... Petitioners Versus 1. The State of Bihar Through Chief Secretary Govt. of Bihar, Old Secretariat, Patna 2. The Principal Secretary Department of Finance, Govt. of Bihar, Old Secretariat, Patna 3. The Principal Secretary Department of Co-Operative, Govt. Of Bihar, New Secretariat, Patna 4. The Registrar, Department of Co-Operative, Govt. of Bihar, New Secretairat, Patna 5. The District Magistrate, Biharsharif (Nalanda) 6. The Treasury Officer, Biharsharif (Nalanda) .... .... Respondents ====================================================== 2 15-09-2011 There are two petitioners before this Court. Both of them were working as Lower Division Clerk, on the basis of their selection in the special examination which was conducted by the State Government in the light of the earlier round of litigations and directions issued by this Court as well as Apex Court. There is no dispute that the appointment of these two petitioners on the said post was made in the pay scale of Rs. 3050- 4590/-. However, in the background of a decision which was rendered in the case of Ganesh Singh and others versus State of Bihar (2007(1)PLJR- 159), all such persons who were appointed on the basis of the special examination were ordered to be treated to be part of one transaction and direction was issued to grant them pay scale of Rs. 4000-6000/-. Even the Principal Secretary, Patna High Court CWJC No.11195 of 2011 (2) dt.15-09-2011 Department of Co-operative, Government of Bihar issued a circular in this regard which is Annexure 5 to the writ application. But despite the same these two petitioners, who have now superannuated in the year 2010, were not given the benefit of the pay scale of Rs. 4000-6000/-. Keeping in view the decision rendered by the High Court in the case of Ganesh Singh (supra) as well as the notification contained in Annexure-5, the respondents have no option but to allow the benefit of pay scale of Rs. 4000-6000/- to these petitioners and in this regard the writ application is disposed of with a direction upon the respondent no. 5 i.e. the District Magistrate, Biharsharif (Nalanda) that he will pass the necessary orders giving the benefit of pay scale of Rs. 4000- 6000/- to the petitioners for the period they have not been given that benefit including the arrears, if any, which is required to be worked out in addition to fixing their pension on the basis of the pay scale directed to be given to them. The Court expects that the exercise must be done within a period of three months from the date of production of a copy of this order. Writ stands allowed with the above observation. Bhardwaj/- (Ajay Kumar Tripathi, J)