IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15784 of 2009 1. SHRI MAHENDRA KUMAR MISHRA S/O LATE BISHESHWAR MISHRA, VILL & TOWN- NARAYANPUR, P.O- SAKRI, P.S-MANIGACHHI, DISTT- DARBHANGA 2. SHRI UMESH KUMAR SINGH, S/O SHRI RAM BRIKH SINGH, VILL & TOWN- CHAINPUR, P.O-TARAYA, P.S- TARAYA, DISTT- CHAPRA 3. SHRI DEVENDRA KUMAR, S/O LATE J.P. SINGH, VILL & TOWN- LAKHANSEN, P.O- RAMPUR MINA, VIA- BIKHAMA BAZAR, P.S-BARURAJ, DISTT- MUZAFFARPUR 4. SHRI SYAD AFTAB AKHTAR, S/O LATE SYAD RAZI AKHTAR, VILL & TOWN CHANDBARA (AZAD ROAD), DISTT- MUZAFFARPUR 5. SHRI MUKTESHWAR PRASAD SINGH, S/O GAJENDRA NARAYAN SINGH, VILL & TOWN- KALYANPUR, P.O &P.S- SAHEBPUR KAMAL, DISTT- BEGUSARAI 6. SHRI ANWAR AHMAD FARMOOD, S/O DR. ABDUL HAKIN ANSARI, VILL & TOWN- EKRAHA, P.O- CHAMAKA VIA-CHOPRA RAMNAGAR, P.S- JANKINAGAR, DISTT- PURNEA 7. SHRI RAJESH KUMAR VERMA, S/O LATE SHIVJI PRASAD VERMA VILL AND TOWN- HEROPATTI, P.O-HEROPATTI, P.S- BISPHI, DISTT- MADHUBANI 8. SHRI PRIYABRAT NARAYAN SINGH, S/O SRI CHANDRAPRABHA SINGH, VILL & TOWN- BARAUDA, P.O-BARAUDA, P,.S- PARU, DISTT- MUZAFFARPUR 9. SHRI MANOJ KUMAR S/O SRI PARMANAND PRASAD, VILL & TOWN- BATHNA, P.O-BATHAN, P.S-BAIRIYA, DISTT- WEST CHAMPARAN 10. SHRI RAJU JHA S/O SHRI SITA RAM JHA, VILL & TOWN- CHAGRAHA, P.O- CHAPRA, NAHASH, P.S-SUGAULI, DISTT- EAST CHAMPARAN 11. SHRI DINESH SHARMA, S/O LATE PARASH PRASAD SINGH, VILL & TOWN- CHAKMUNI, P.O-MADHOPUR RAJ RAI, P.S- VAISHALI, DISTT- VAISHALI 12. SHRI LAL ROY S/O LATE HIYA LAL ROY, VILL & TOWN- HANUMANAGAR, P.O- HANUMANNAGAR, P.S-SURSAND, DISTT- SITAMARHI 13. SHRI SURESH PRASAD SINGH, S/O CHULHAI SINGH VILL & TOWN- RASULPUR, P.O- JAITYPUR, P.S-LALGANG, DISTT- VAISHALI 14. SHRI AKHTAR ALI ANSARI S/O LATE PIR MOHAMMAD ANSARI, VILL & TOWN- HARPUR KOTHI, P.O- PANDIPUR, P.S-JANTABAZAR, DISTT- SARAN (CHAPRA) 15. SRI SACHIDANAND KUMAR S/O SHRI RAMESHWAR PRASAD, VILL & TOWN- GURUDYAL BIGHA, P.O-MOW,- BINDI DIH, VIA-GIRIYAK, P.S- SILAO, DISTT- NALANDA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE JOINT SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE ADDL. FINANCE COMMISSIONER (EXPENDITURE), FINANCE DEPARTMENT, GOVT. OF BIHAR 5. THE JOINT COMMISSIONER, ACCOUNTS ADMINISTRATION, PROVIDENT FUND DIRECTORATE, PANT BHAWAN, BIHAR, PATNA ----------- 3. 05.01.2010 Heard learned Counsel for the petitioners and the learned Counsel for the State. The petitioners are aggrieved by orders dated 24.4.2007 and the consequential order dated 21.5.2007. By the impugned orders they are sought to be treated as fresh appointee on specific terms and condition. The submission is that they were earlier employees of the Board and Corporation and came to be absorbed in the services of the State Government under a policy decision initially on deputation. The process having been delayed by the respondents themselves, they now seek to prejudice the petitioner by introduction of certain policy in the meantime. Similar issue has been decided by this Court in CWJC no. 6183/2008 and analogous cases dated 18.3.2009 after the respondents had filed counter affidavit also. Learned Counsel for the State submits that it remains tobe decided if the petitioners were similarly situated as those in CWJC No. 6183 of 2008 and only in that event can they be accorded similar treatment. This writ application is disposed off with a direction to the respondents to consider the case of the petitioners in the light of judgement of this Court in CWJC No. 6183 of 2008.If the respondent propose to hold that the petitioners are not similarly situated and are therefore not entitled to be accorded similar treatment they shall be obliged to furnish reason for the same to the petitioners, grant a representative personal hearing and then pass a reasoned and speaking order displaying full application of mind identifying the features which distinguishes the case of the petitioners from those in CWJC No. 6183/2008. Pending such decision by the respondents the impugned orders dated 24.4.2007 and 21.5.2007 shall remain in abeyance in so far as the petitioners are concerned which shall ultimately merge into final order that may be passed by the respondents. Let such exercise be done and appropriate orders be passed within a maximum period of three months from the date of receipt and/or production of a copy of this order. Snkumar/- (Navin Sinha,J.)