IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10019 of 2009 SANJEEV KUMAR SINGH, son of late Jitendra Narayan Singh, resident of Village Jasparaha, P.S. Tisiauta, District- Vaishali. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna. 2. The Commissioner, Finance, Department of Finance, Government of Bihar, Main Secretariat, Patna. 3. Chief Engineer, Water Resources Department, Muzaffarpur. 4. Superintending Engineer, Tirhut Canal Circle Water Resources Department, Muzaffarpur. 5. Executive Engineer, Tirhut Canal Division, Water Resources Department, Hajipur. . . . . . . . Respondents. ----------- 2/ 19.08.2009 Heard learned counsel for the petitioner and the State. Petitioner has filed this writ application for a direction to the State respondents to grant him the scale of Rs.4500-7000 admissible to the Accounts Clerk. It is submitted on his behalf that post of Junior Accounts Clerk was merged with the Senior Accounts Clerk with effect from 01.05.1980 and on account of such merger petitioner although appointed as Junior Accounts Clerk under order bearing Memo No. 860 dated 13.02.1997 is entitled for grant of higher scale of Rs. 4500-7000 admissible to Accounts Clerk. In this connection reliance is placed on the letter of the Finance Department dated 28.09.1999 (Annexure-1) whereunder the posts which were merged in 1980 have been directed to be demerged in order to give effect to the recommendation of the Fitment Committee contained in resolution of the Government bearing no. 660 (2) dated 08.02.1999. Further reliance is placed on the office orders issued by the Superintending Engineer of the Public Health Engineering Department bearing Memo No. 58 dated 31.01.2003 and 46 dated 02.05.2005 (Annexures 8 and 8/A) and the instructions of the Chief Engineer of the Water Resources Department bearing letter no. - 2 - 3632 dated 11.10.2008 (Annexure-9) whereunder Chief Engineer has directed the Executive Engineer with reference to letter of the Finance Department dated 28.09.1999 (Annexure-1) to treat the Accounts Clerk serving in the Department as Senior Accounts Clerk and allow the scale of Rs.4500-7000. Learned counsel for the petitioner has also relied on the order of the Single Judge dated 26.03.2007 passed in the case of Harendra Narayan Singh & Ors. Vs. The State of Bihar & Ors in C.W.J.C. No. 12616 of 2006 as contained in Annexure-7 whereunder the learned Single Judge having noticed the fact that Harendra Narayan Singh was appointed on the post of Accounts Clerk in the year 1981 after the post of Junior Accounts Clerk was merged with the post of Senior Accounts clerk directed with reference to the Government decision dated 28.09.1999 (Annexure-1) to pay Harendra Narayan Singh the scale admissible to the Accounts Clerk, as he was appointed as Accounts Clerk after the merger of the post of Junior Accounts Clerk with Senior Accounts Clerk. Counsel for the State has opposed the prayer made in the writ application with reference to the contents of appointment letter of the petitioner bearing Memo No. 860 dated 13.02.1997 (Annexure-2). Perusal thereof would indicate that petitioner was appointed as Junior Accounts Clerk in the scale of Rs.1200-1800 and not on the post of Accounts Clerk, as such, according to him he could not be allowed the scale admissible to Accounts Clerk. He further submitted that reliance placed by the counsel for the petitioner on the instructions of the Finance - 3 - Department contained in letter dated 28.09.1999 and the direction of the Chief Engineer contained in letter dated 11.10.2009 (Annexures 1 and 9) is applicable to those who were appointed as Accounts Clerk as after issue of Government decision (Annexure-1) Accounts Clerk became entitled for the higher scale admissible to Senior Accounts Clerk of Rs. 4500-7000 but as the petitioner was appointed as Junior Accounts Clerk, orders contained in Annexures 1 and 9 have no application to his case. As regards orders contained in Annexures 8 and 8/A, it was submitted that that those orders having been issued by the Superintending Engineer of the Public Health Engineering Department have no application to the case of the employees of Water Resources Department, as the staffing pattern in the two Departments are quite different. Having heard counsel for the parties and having perused the appointment letter of the petitioner, I am of the view that the petitioner was appointed as Junior Accounts Clerk in the scale of Rs.1200-1800 and as such, he is only entitled to grant of the scale admissible to Junior Accounts Clerk including the replacement scale admissible to them and not the scale of Rs.4500-7000. In the circumstances, the prayer to allow the petitioner the higher scale of Rs. 4500-7000 admissible to Senior Accounts Clerk appears to be misconceived and writ petition is fit to be dismissed, which is, accordingly, dismissed. Uday/ (V. N. Sinha, J.)