IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4118 of 2010 1. RAM CHANDRA JHA S/O BISHAMVER JHA R/O MOHALLA - BUDHA NATH , P.S- KOTWALI, DISTRICT- BHAGALPUR 2. ANIL KUMAR S/O LATE SHEO BUTTA SINGH R/O DARGAH LANE BHIKHANPUR GUMATI NO. 2, P.S- ISHAK CHAK, BHAGALPUR 3. UPENDRA PRASAD S/O LATE CHOTU PRASAD R/O BHIKHANPUR GUMATI NO.2, P.S - ISHAK CHAK, BHAGALPUR 4. MANOJ KANT THAKUR S/O LATE GOURI KANT THAKUR AT & P.O - VIVEKANAND PARK ROAD, SOUTH EAST OF PATLIPUTRA, P.S- PATLIPUTRA, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY TO THE GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE PRICIPAL SECRETARY CABINET & COORDINATION DEPARTMENT , GOVT. OF BIHAR , PATNA 4. THE ADDITIONAL SECRETARY ( EXPENDITURE) FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE PATNA 6. THE DISTRICT MAGISTRATE BHAGALPUR 7. THE TREASURY OFFICER PATNA SECRETARIAT TREASURY , NIRMAN BHAWAN, PATNA 8. THE TREASURY OFFICER BHAGALPUR TREASURY, BHAGALPUR ----------- 02/ 22.03.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are presently serving in the Treasury at Bhagalpur on the post of Clerk. They have filed this writ application questioning the direction of the Secretary (Expenditure), bearing Memo No. 674 dated 22.1.2010, Annexure-16 to this application, whereunder he has instructed the Collector, Bhagalpur to regularize the petitioners and others on the post of Clerk in the Collectorate and not as Treasury Clerk. 2 3. It is submitted on behalf of the petitioner that aforesaid direction of the Secretary (Expenditure) is contrary to the resolution of the State Government, bearing No. 2716 dated 24.4.2007, whereunder the State Government has resolved to accommodate the petitioners and other employees of the erst while Board/ Corporation against the post of Treasury Clerk and not on the post of Clerk in the Collectorate. 4. Having heard counsel for the petitioners and the State, I am of the view that if the petitioners are aggrieved by the instruction of the Secretary (Expenditure) contained in Memo No. 674 dated 22.1.2010, Annexure-16, they should be well advised to move the State Government by filing representation annexing a copy of this order, which should be considered and disposed of by the competent authority of the State Government in accordance with law, as early as possible, in any case within two months from the date of receipt of the representation along with a copy of this order. In the representation, petitioners are also at liberty to invite the attention of the State Government towards the regularization of similarly situate others in different districts on the post of Treasury Clerk. 5. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)