IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.496 of 2010 1. UTTAM KUMAR S/O PRATAP CHAND SINGH R/O VILL- MANSAHI, P.S. MANSAHI, DISTT. KATIHAR 2. SANDEEP KUMAR S/O LATE DAHU CHOUDHARY R/O RAJA BAZAR, P.S. HAWAI ADDA (BY FURCATED FROM THE P.S. SHASTRI NAGAR), DISTT. PATNA 3. KAUSHAL KISHORE S/O LATE SARJU RAM R/O VILL- ASADPUR SATPURA, P.S. BHAGWANPUR, DISTT. VAISHALI 4. LALAN PRASAD S/O DHANESHWAR PRASAD R/O VILL- BAMI BIGHA, P.S. BELAGANG, DISTT. GAYA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HEALTH DEPTT., GOVT. OF BIHAR, PATNA 2. THE DIRECTORATE HEALTH SERVICES, BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF HEALTH SERVICES, BIHAR, PATNA 4. THE PRINCIPAL SECRETARY FINANCE, GOVT. OF BIHAR, PATNA 5. THE CHAIRMAN B.P.S.C., PATNA FOR THE PETITIONER : - MR. SHREE GANESH, ADVOCATGE MR. RAJESH KUMAR CHOUDHARY, ADV FOR THE BPSC : - MR. ASHOK KUMAR CHOUDHARY, ADV FOR THE STATE : - MR. UMESH PRASAD, AC TO GP17 ----------- 02/ 12.05.2010 Heard counsel for the petitioner, the State and the counsel representing BPSC. Petitioners are presently working on the post of Statistical Clerk. In response to Advertisement No. 1 of 1997 published by Directorate, Health Services, Bihar, the petitioners have also applied for the post. The BPSC had prepared panel of selected candidates and sent to the Commissioner, Health Department, Govt. of Bihar, Patna for issuing appointment letters. Petitioners’ grievance is that the pay scale attached and disclosed to the post in the advertisement was Rs. 1200 - 2 - - 1800/-, revised pay scale of Rs. 4000 - 6000/-and in their appointment letters they were allowed pay scale of Rs. 950 – 1500/-, revised pay scale of Rs. 3050 – 4590/-.The petitioners joined their services by sending their objections through representation, but till date the Department of Health has not corrected their pay scale and the petitioners are being denied the due pay scale despite their entitlement. This application is being disposed of, giving liberty to the petitioner for filing fresh representation before the Director-in-Chief, Health Services, Bihar, Patna, who will consider the case of the petitioners in the light of the advertisement published, recommendation made by the BPSC and order passed in case of similarly situated persons. The representation of the petitioners must be disposed of within eight weeks from the date of its filing and all consequential benefits on account of such disposal must be paid to the petitioners, preferably within eight weeks after disposal of the representation. DKS/ (Mridula Mishra, J.)