IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.322 of 2008 IN (CIVIL WRIT JURISDICTION CASE 9732/2007) ======================================================= 1. The Speaker, Bihar Legislative Assembly, Patna 2. The Secretary, Bihar Legislative Assembly, Patna 3. The Under Secretary, Bihar Legislative Assembly, Patna .... .... Appellants Versus 1. Sanjay Kumar Singh, Sanjay Kumar Singh, son ofShri RAjendra Singh, Resident of Village-Bagarhi, P.O. Bagarhi, P.S. Ramgarh, District-Kaimur (Bhabhua); 2. Bipin Bihari Singh, son of Shri Ram Pyare Singh, Resident of Jail Road, Behind Irrigation Department, Jawaripur, P.S. Tilka Manhi, District- Bhagalpur 3. Md. Mosarraf Equbal Khan, son of Md. Yusuf Khan, Resident of Village Gahana, P.S. Haspura, District-Aurangabad 4. Akhilesh Kumar Singh, son of Shri Ghanshyam Singh, Resident of Village and Post Chakjamal via Sahdeo Sujurg, P.S. Desari, District-Vaishali 5. Binod Kumar Paul, son of Shri Sitaram Paul, Resident of Village-Taraw, P.O. Kharendra, P.S. Belaw, District-Kaimur (Bhabhua) 6. Dharmendra Kumar, son of Shri Ramesh Prasad, Resident of Village-Mathurapur, P.O. Mai, Farid, P.S. Rahui, District-Nalanda 7. Rajesh Kumar Akela, Son of Late Judge Prasad Singh, Resident of Village-Harnahi, P.O. Wimwa, P.S. Jagdishpur, District-Bhojpur (Ara) 8. Sachchidanand Ram, son of Late Rangila Ram, Resident of Village-Bankat, P.O. Bindwaliya, P.S. Vishwambharpur, District-Gopalganj 9. Renu Kumari, wife of Shailesh Kumar, Resident of Village- Majafara, P.O.-Bardih Via-Islampur, District-Nalanda 10. Rajesh Kumar Tiwary, son of Shri Narayan Prasad Tiwary, resident of Kaster Town, Near Fransis School, P.S. Deoghar, District-Deoghar, (Jharkhand) 11. Pramod Kumar, son of Shri Bindeshwar Prasad resident of Village-Rahimpur, P.O. and P.S. Rahui, District-Nalanda 12. Akhilesh Bind, son of Shri Shyam Narain Bind, Resident of Village-Sarfabad, Baliyari, P.O. Ware, P.S. Bhagwanganj, District-Patna, 13. Dharmendra Kumar II, son of Sonelal Das, resident of Village-Aunta, P.O. Mokamaghat, P.S. 2 Hatidah, District-Patna 14. The State of Bihar through the Principal Secretary, Finance Department, Old Secretariat, Bihar, Patna .... .... Respondents with Letters Patent Appeal No. 326 of 2008 IN (CIVIL WRIT JURISDICTION CASE 9731/2007) ======================================================= 1. The Speaker, Bihar Legislative Assembly, Patna 2. The Secretary, Bihar Legislative Assembly, Patna 3. The Deputy Secretary, Bihar Legislative Assembly, Patna; and 4. The Under Secretary, Bihar Legislative Assembly, Patna .... .... Appellants Versus 1. Dilip Kumar, son of Shri Fuleshwar Mahto, Resident of Sadakat Ashram, P.S. Patliputra Colony, District- Patna 2. Md. Anwar, son of Late Ghulam Mustafa, resident of Village-Lal Miya Ke Dargah, Munir Colony, P.S. Fulwarisharif, District-Patna 3. Ram Vinay Singh, son of late Munshi Mahto, resident of Village-Sohe, P.S. Jehanabad, District-Jehanabad 4. Safdar Ali, son of late Ahmad Ali, Resident of Village-Shahpur, P.S. Tarwara, District-Siwan 5. Syed Aftab Alam, son of Late Syed Masud Alam, Resident of Village–Rani Sagar, P.S.-Shahpur, District -Bhojpur At Ara and 6. Yogendra Kumar, son of Shiv Nandan Bhagat, resident of Village-Lapura, P.S. Aurangabad, District-Aurangabad .... .... Respondent/s with Letters Patent Appeal No. 318 of 2008 IN (CIVIL WRIT JURISDICTION CASE 9980/2007) ======================================================= 1. The Speaker, Bihar Legislative Assembly, Patna 2. The Secretary, Bihar Legislative Assembly, Patna 3. The Deputy Secretary, Bihar Legislative Assembly, Patna, and 4. The Under Secretary, Bihar Legislative Assembly, Patna .... .... Appellants Versus 3 1. Sanjeev Kumar-II, son of devendra Prasad Pal, Resident of Village-Mustafapur, Post-Maniyar Pur, District-Vaishali 2. Jitendra Kumar Pandey, son of Sachidanand Pandey, Resident of Village-Duawai Head Post-Ekchari, P.S. Sanokhar, District-Bhagalpur 3. Anand Mohan, son of Madan Mohan Singh, Resident of Village-Sarbadipur Post-Khalgaon, P.S. Khalgaon, District-Bhagalpur 4. Rameshwar Prasad, son of Late Bechu Bhagat, Mohalla-Dahiyawa Near N.C.C. Gali, Post-Chapra, District-Saran 5. Md. Nishat Akhtar, son of Md. Akhtar Hussain, At + Post Tanakmar Head Post Ghogha, P.S. Sanhaula, District-Bhagalpur 6. Kumar Kamlesh Kinkar, son of Anik Singh, resident of Village At + Post-Sanokhar, P.S. Alauli, District-Khagaria, and 7. Sunil Kumar Paswan, son of Ramavtar Paswan, Resident of Village-dhuawai, P.S. Sanokhar, District-Bhagalpur, 8. The State of Bihar through the Principal Secretary, Finance Department, Bihar, Patna .... .... Respondent/s with Letters Patent Appeal No. 319 of 2008 IN (CIVIL WRIT JURISDICTION CASE 9730/2007) ======================================================= 1. The Speaker, Bihar Legislative Assembly, Patna 2. The Secretary, Bihar Legislative Assembly, Patna 3. The Under Secretary, Bihar Legislative Assembly, Patna .... .... Appellants/Original Respondents Versus 1. Prakash Kumar Singh, son of Sri Shiv Shankar Singh, resident of Village-Kathara, Police Station-Sultanganj, District-Bhagalpur 2. Manju Kumari, d/o Sri Subendar Ray, resident of Ami, Police Station-Dighwara, District-Saran 3. Ratan Kumar Ratan, son of Sri Jitendra Prasad Singh, Resident of Ghuave, Police Station- Sanokhar, District-Bhagalpur 4. Anil Kumar, son of Late Kesho Prasad, Resident of Baniadanda, Police Station-Sanokhar, District- Bhagalpur 5. Anand Kumar Mahto, son of Sri Makhroo Mahto, Resident of Saraiya Ghat, Police Station-Mohanpur, District-Godda 6. Lal Bihari Paswan, son of Sri Rakhlal Paswan, Resident of Bharathi, Police Station-Simri, 4 District-Darbhanga 7. Bipin Kumar Singh, son of Ram Sevak Singh, Resident of Gajhanda, Police Station-Lalmata, District-Godda 8. Mahendra Manda, son of Sri Lal Mandal, Resident of Village-at Staff Quarter, Desh Ratan Marg, Patna, Police Station-Sachiwalaya, Patna District-Patna 9. Paltan Tuddu, son of Sri Basudeo Tuddu, Resident of Kushaha, Police Station-Sahachal, District- Bhagalpur 10. Siyaram Prasad, son of Sri Lalan Ram, Resident of Rupaspur, Police Station-Danapur, District-Patna 11. Anil Kumar Yadav No.2, son of Sri Bhola Yadav, Resident of Dhuabey, Police Station Sanokhar, District-Bhagalpur 12. Vivek Kumar, son of Sri Arjun Singh, Resident of Vivek Vihar, Hanuman Nagar, Patna Police Station-Patrakarnagar, Patna, District- Patna 13. The State of Bihar through Principle Secretary, Finance Department, Old Secretariat, Patna .... .... Respondent/s with Letters Patent Appeal No. 320 of 2008 IN (CIVIL WRIT JURISDICTION CASE 1230/2008) ======================================================= 1. The Speaker, Bihar Legislative Assembly, Patna 2. The Secretary, Bihar Legislative Assembly, Patna 3. The Under Secretary, Bihar Legislative Assembly, Patna .... .... Appellant/s Versus 1. Sushil Thakur, son of late Bhumeshwar Thakur, Resident of Village-Shobhanathpur, P.S.-Khalgaon, District-Bhagalpur 2. Md. Auranzeb, son of Md. Sayeed Khan, Resident of Mohalla-Samanpura, B.V. College, Raza Bazar, Patna-14, P.S. Shastringar, Patna, District-Patna 3. Dhirendra Kumar Dhiraj, son of Late Lakshman Mandal, Resident of Village-Dhuavai, P.S. Sanokhar, District-Bhagalpur 4. Vijay Kumar Rai, son of Sri Rajeshwar Rai, Resident of Village-Sursand, P.S. Sursand, District-Sitamarhi 5. Narad Bhagat, son of Sri Sheo Pujan Bhagat, Resident of Village-Sanhaula, Police Station- Sanokhar, District-Bhagalpur 6. Vijay Kumar Singh, son of Sri Shukdev Prasad 5 Singh, Resident of Village-Mahishi Mazlispur, Police Station-Sanhaula, District-Bhagalpur 7. Jayram Yadav, son of Sri Lalmuni Yadav, Resident of Village-Ekchari, Purab Tola, Police Station- Rasalpur, District-Bhagalpur 8. Baban Roy, son of Sri Saryu Roy, resident of Village-Sivanchak, Police Station-Koilwar, District-Bhojpur at Arra 9. Lalan Mishra, son of Sri Jag Narayan Mishra, Resident of Village-Lakhnaur, Police Station- Lakhnaur, District-Madhubani 10. Rakesh Kumar, son of Sri Bachhu Ram, P.S.- Yarpur Ambedkar Colony, Khagol Road, Patna, District-Patna 11. Ranjit Kumar, son of Sri Shiv Nandan Chouhan, Rsident of Village-beldaripur, Post- Noorsarai, District-Nalanda 12. Mukesh Kumar, son of Gulavchand Ram, Resident of Village-Harijan Colony, Post-Dalmiya Nagar, P.S. Dehari-on-Sone, District-Rohtas 13. Sanjay Ram, son of Sri Ramjit Ram, Resident of Village-Dhuabe, P.S. Soanokhar, District- Bhagalpur 14. Bantee Kumar, son of Late Baiju Ram, Resident of Village-Yarpur Ambdkar Colony, Khagaul Road, Patna 15. Raju Ram, son of Late Fulchand Ram, Resident of Village+ P.S. Daudnagar, Post-Chakgadh, District-Vaishali 16. Sunil Kumar, son of Shyam Lal Mahttar, Resident of Village-Sanhaula via Ghogha, Police Station-Sanhaula, District-Bhagalpur 17. The State of Bihar through Principal Secretary, Finance Department old Secretariat, Patna .... .... Respondent/s with Letters Patent Appeal No. 323 of 2008 IN (CIVIL WRIT JURISDICTION CASE 9750/2007) ======================================================= 1. The Speaker, Bihar Legislative Assembly, Patna 2. The Secretary, Bihar Legislative Assembly, Patna 3. The Under Secretary, Bihar Legislative Assembly, Patna .... Appellants/Original Respondents Versus 1. Ajay Paswan, son of Sri Baleshwar Paswan, resident of Village-Alwalpur, P.O. Darhara, P.S. Sarai, 6 District-Vaishali 2. Smt.Sulochana Kumari Choudhary, w/o Late Vijay Kumar Choudhary, c/o Shri Hariday Narain Kunwar, Village and P.O. Maniappa, P.S. Matihyani, District-Begusarai 3. Shri Kant Sharan, son of Shri Feku Thakur, resident of Village-Sipara, Via & P.O. Dhalwa, Lohiyanagar, P.S. Fulwari Sharif, District-Patna 4. Sonu Kumar, son of Parmeshwar Prasad, Resident of Village & P.O. Kujawa, P.S. Bihta, District-Patna 5. Deepak Paswan, son of Shri Harihar Paswan, Resident of Mohalla-Mithapur, B Area, P.O. G.P.O., P.S. Jakkanpur, District-Patna 6. Md. Parwez Mansur, Son of Md. Mustafa, resident of Village –Disharath, P.S. Maheshpur, P.S. Sanhauba, District-Bhagalpur 7. Udai Lal, son of Shri Krishana Lal Yadav, resident of Sheikhpura, Braham Asthan Lane, P.S., Shastri Nagar, Town and District-Patna 8. Lal Babu Choudhur, son of Shri Ramnandan Choudhur, resident of Village-Haripur, P.O. and P.S. Fulwariya, District-Gopalganj 9. Siyaram Mandal, son of Late Feku Mandal, resident of Village and P.O. Prashastdih, P.S. Sabour, Via- Chogha, District-Bhagalpur 10. Dina Nath Jha, son of Shri Madhukant Jha, resident of Village-Bela Sadi, P.O. Ram Nagar Bazar, via-Kumar Khand, District-Madhepura 11. Md. Quyum Ahmad Ashrafi, son of Md. Zahir Ahmed, resident of village-Ibrahimpur, P.O. Jichho, P.S. Sabour, District-Bhagalpur 12. Smt. Sunaina Devi, w/o Shri Raj Kishore Prasad, C/o Shri Shiv Balak Thakur, Village- Hajiyapur, P.O. Gopalganj, P.S. and District- Gopalganj 13. Vijay Kumar, son of Shri Bipin Choudhary, resident of Mohalla-Gautam Nagar, Janata Road, P.O.-G.P.O., P.S.-Gardanibagh, District –Patna 14. Chandan Kumar Jaiswal, son of Shri Shambhu Nath Choudhary, resident of Village-Naya Tola, P.O. Khalgaon, District-Bhagalpur 15. Butendra Kumar, son of Shri Rajendra Mahto, resident of Village and P.O. Madhopur, Via-Baluka Ram, P.s. and District-Vaishali 16. Kundan Kumar yadav, son of Shri Ram Subhag Yadav, resident of Village –Ladama, P.O. Mahesha Munda, P.S. Khalgaon, District-Bhagalpur 17. Smt. Manju Choudhary, w/o late Barun Kumar Choudhary, resident of Village-Telwara, P.O. Sanhaula, District-Bhagalpur, and 18. Jagdish Ram, son of Shri Ram Lakhan Ram, resident of Village-Badulachak, P.s. Fulwari 7 Sharif, District-Patna 19. The State of Bihar through the Principal Secretary, Finance Department, Govt. of Bihar, patna .... .... Respondents/Writ Petitioners with Letters Patent Appeal No. 325 of 2008 IN (CIVIL WRIT JURISDICTION CASE 1285/2008) ======================================================= 1. The Speaker, Bihar Legislative Assembly, Patna 2. The Secretary, Bihar Legislative Assembly, Patna 3. The Under Secretary, Bihar Legislative Assembly, Patna .... .... Appellant/s Versus 1. Lalit Narayan Paswan, son of Sri Shyam Narayan Paswan, Resident of R-Block, Police Chowki, Road No.10, Patna Police Station-Sachivalaya, District- Patna 2. Kumari Sushila Sharma, Wife of Sri Sheo Shankar Bharti, C/o Sri Chamari mahto, of Mohala-Ara Kumar Road No.1, Dinkar Bhawan (Near Gentleman Saloon), Patna-4, Police Station-Kadam Kuan, District-Patna 3. Ranjeet Paswan, son of Sri Kameshwari Paswan, Resident of Kaushal Nagar, Apolo Road in the Jhopari Near House No.63, Police Station- Gardanibagh, Patna District-Patna 4. Deepak Kumar, son of Sri Sonalal Ram, Resident of Village-Madhuban, Police Station Madhuban, District-East Champaran at Bettia, and 5. Vijay Kumar, son of Sri Mahesh Ram, C/o Sri Ram Babu Ram, Karmchari Resident at Old Hostel Patna Medical, Patna P.S. Pirbahore, District-Patna 6. The State of Bihar through the Principal Secretary, Finance Department, Bihar, Patna .... .... Respondent/s ======================================================= Appearance : (In LPA No. 322 of 2008) For the Appellant : Sri D. K. Sinha, Sr. Advocate Mr. Narendra Kumar Jha, Advocate For the Respondents: Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Niranjan Kumar, Advocate For the State :Sri Maheshwar Dhar Dwivedi, S.C.-23 Sri Ram Narayan, Advocate, A.C. to S.C.-23 (In LPA No. 326 of 2008) For the Appellant : Sri D. K. Sinha, Sr. Advocate 8 Mr. Narendra Kumar Jha, Advocate For the Respondents :Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Niranjan Kumar, Advocate For the State :Sri Maheshwar Dhar Dwivedi, Advocate, S.C.-23 Sri Ram Narayan, Advocate, A.C. to S.C.-23 (In LPA No. 318 of 2008) For the Appellant : Sri D. K. Sinha, Sr. Advocate Mr. Narendra Kumar Jha, Advocate For the Respondents : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Niranjan Kumar, Advocate For the State : Sri Maheshwar Dhar Dwivedi, Advocate, S.C.-23 Sri Ram Narayan, Advocate, A.C. to S.C.-23 (In LPA No. 319 of 2008) For the Appellant : Sri D. K. Sinha, Sr. Advocate Mr. Narendra Kumar Jha, Advocate For the Respondents : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Niranjan Kumar, Advocate For the State : Sri Maheshwar Dhar Dwivedi, Advocate, S.C.-23 Sri Ram Narayan, Advocate, A.C. to S.C.-23 (In LPA No. 320 of 2008) For the Appellant : Sri D. K. Sinha, Sr. Advocate Mr. Narendra Kumar Jha, Advocate For the Respondents : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Niranjan Kumar, Advocate For the State : Sri Maheshwar Dhar Dwivedi, Advocate, S.C.-23 Sri Ram Narayan, Advocate, A.C. to S.C.-23 (In LPA No. 323 of 2008) For the Appellant : Sri D. K. Sinha, Sr. Advocate Mr. Narendra Kumar Jha, Advocate For the Respondents : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Niranjan Kumar, Advocate For the State : Sri Maheshwar Dhar Dwivedi, Advocate, S.C.-23 Sri Ram Narayan, Advocate, A.C. to S.C.-23 9 (In LPA No. 325 of 2008) For the Appellant : Sri D. K. Sinha, Sr. Advocate Mr. Narendra Kumar Jha, Advocate For the Respondents : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Niranjan Kumar, Advocate For the State :Sri Maheshwar Dhar Dwivedi, Advocate, S.C.-23 Sri Ram Narayan, Advocate, A.C. to S.C.-23 ======================================================= CORAM: HONOURABLE JUSTICE SMT. T. MEENA KUMARI and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE JUSTICE SMT. T. MEENA KUMARI) These appeals have been filed against a common order dated 27.02.2008 passed in C.W.J.C. No. 9750 of 2007 along with C.W.J.C. No. 9730 of 2007, C.W.J.C. No. 9731 of 2007, C.W.J.C. No. 9732, C.W.J.C. No.1230 of 2008, C.W.J.C. No.1285 of 2008 and C.W.J.C. No. 9980 of 2007 respectively wherein the petitioners therein have chosen to file the writ petition seeking direction to treat them as regular Security Personnel of Bihar Legislative Assembly Complex and to give all benefits of regular employees of respondent no.1 and further there should be no curtailment of their rights of service benefits including the reduction of emoluments. 10 It is the case of the petitioners who had been appointed as Security Personnel by virtue of an advertisement issued on 04.05.2001 on vacant posts and their claim is against regular post and they have been continued as such right from the year 2002 to 2008. Suddenly, they have been asked not to work from the year 2008 onwards. The State has opposed the said contention stating that their appointments were made in pursuance of an advertisement issued in the year 2001 which was only for temporary posts and that to for specific period of one year to be extended at the discretion of the Speaker, Bihar Legislative Assembly hence, the respondents have no right whatsoever to claim permanency of such appointments. Moreso, they have no legal right to seek for regular appointments. After hearing the matter at length, the learned Single Judge has observed that as the advertisement did not stipulate with regard to temporary appointment and that full procedures for a regular appointment were followed coupled with the submission that the appointments were made against sanctioned 11 vacancies, the court has directed the respondents–appellants herein to take a decision in light of their own practice in the past as contained in annexure-15 series and also taking into consideration the present recommendation with regard to creation of posts in Schedule-1 within a period of six months from the date of receipt/production of a copy of this order. Till such exercise is completed by the State they shall not interfere with the services of the concerned petitioners as determined under the advertisement. The above judgment has been questioned in these present appeals. Although, lengthy argument has been advanced by the learned Senior counsel to the effect that as per the contents of the advertisement issued in the year 2001, the appointments were made only on temporary basis and neither they are supposed to be for the regular posts nor sanctioned post. Though, there is no basis for the respondents to claim that the appointments were made on regular basis or against the sanctioned posts but in view of the urgency as per need of the Speaker, Bihar Legislative Assembly the 12 advertisement was issued only for the temporary posts of security personnel and hence, the appointments of the respondents were made only for the period of one year and the period was extended from time to time by the Speaker, Bihar Legislative Assembly. The above fact has been disputed by learned Senior Counsel appearing on behalf of the petitioner-respondents herein stating that though the advertisement was issued only for the regular posts and not for temporary posts on which all the appointments were made and an impression was given to the respondents that the appointments were made for regular posts and not for temporary posts. It has further contended that as they were given regular pay- scale, they should be deemed to have been appointed on the regular posts and not on the temporary posts. We had the occasion to go through the advertisement issued in the year 2001. On perusal of the advertisement, it gives an impression that the advertisement was issued only for the temporary posts and it was never specified that the advertisement were made for regular posts. In absence of any such contents 13 being followed in the advertisement, we are of the opinion that the respondents cannot claim that they have been appointed on the regular posts. Even though, they were given regular pay-scales, the fact remains that the appointments were made only for the limited period of one year and same was being extended from time to time at the discretion of the Speaker and as such all of them were continued till the year 2008. As the appellant-State has not allowed them to work any further they approached this Court and this Court directed that continuance of their work should not be interfered with. However, it has been submitted before us that the stay granted by the earlier Division Bench of this Court is still continued till today. On a perusal of the advertisement issued on 04.05.2001, we are of the opinion that the advertisement carries the impression that it was issued only for appointment on the vacant posts and not on the regular posts. But however, the pay-scales which have been advertised carries as per the posts and there is no dispute as such that the posts carried regular pay-scales. It is further observed 14 that respondents have been continued from 2002 to 2008 and their services were extended from time to time on the discretion of the Speaker. Under the above circumstances, in absence of any other document available before us to the effect that the advertisement was issued only for filling up the sanctioned posts on regular basis, we are of the opinion that the advertisement has to be read that the posts are advertised for filling up the vacant posts and therefore the advertisement can be termed for the temporary posts and not for the permanent posts. Under the above circumstances, as the observation of the learned Single Judge to the effect that as advertisement did not carry the basis for recruitment on temporary or permanent posts, it should be treated as permanent posts was without any basis accordingly such observation has to be set aside and the process of selection should be treated as that of for filling up the vacant posts. In view of the fact that they have been continued in service from year to year, we are of the opinion that it would suffice, 15 if a direction is issued to the appellant- State to restore that post as was available to them on the last day of their service i.e. 31.01.2008 in the same status and to regularize the services of the respondents in the permanent posts available as on today in taking into account the date of their appointments and also according to the seniority. The entire exercise must be completed within a period of three months. We are also of the opinion that the personnel who have completed more or less six years of experience have to be given the above benefit as stated supra in order of their seniority followed by the personnel who have completed less than five years following the seniority. We are of the opinion that such respondents who have not worked are not entitled for any arrears of salary but however, regular pay-scales must be paid to them from the date of their joining as stated supra. They must be allowed to join on the temporary post in the same status as they worked till the last date of their service i.e. 31.01.2008. But however, recruitment process must commence in the available vacant 16 permanent posts for the personnel who has completed more than six years in accordance with their seniority followed by the second batch. The personnel who have completed upto five years, their cases shall be considered in accordance with their seniority and they may be allowed to join on the temporary posts as they were holding same status till the last day of their work, ie. 31.01.2008. With the above observation, these appeals are disposed of. Patna High Court Dated 15th September, 2011 Ashwini/N.A.F.R. (T.Meena Kumari,J.) (Vikash Jain, J.)