IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16974 of 2009 1. SARITA KISHORI W/O ABHISHEK KUMAR R/O VILL- MAGAIDHIH, P.S. CHAPRA MUFFASIL, DISTT. CHAPRA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPTT. OF PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA 3. THE DEPUTY DIRECTOR DEPTT. OF PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE CHAPRA 5. THE DISTRICT PANCHAYAT RAJ OFFICER CHAPRA 6. THE BLOCK DEVELOPMENT OFFICER SADAR, CHAPRA 7. THE SARPANCH, GRAM KACHAHARI KARINGA, SADAR, CHAPRA 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ KARINGA, SADAR, CHAPRA ----------- 2. 29.1.2010 Heard learned counsel for the petitioner and the State. The petitioner was appointed as a Secretary, Gram Kachhari on 8.11.2007. Subsequently, issues originated with regard to equivalence of Madhyama to Matriculate for such appointment when the advertisement provided only for the latter which came to be settled by this Court. In pursuance thereto the respondents issued necessary notification on 5.1.2009 making retrospective legislative amendments in the rules with effect from 31.1.2008. This Court has already held in more than one order that an appointment made before 5.1.2009 with no allegation of illegality/irregularity in the appointment etc. form a class by themselves of a completed transaction and such appointments cannot be reopened. It appears that the matter has further been considered in C.W.J.C. No. 6762 of 2009 2 and analogous cases also holding the legislative amendment effective from 31.1.2008 cannot be given retrospective effect by an executive order. The matter appears to be covered by decisions of this Court and now the respondents are required to act in accordance with law in so far as Annexure-9 dated 21.7.2009 is concerned. If the petitioner has been discharging duties as Secretary, Gram Kachhari, Article 23 of the Constitution of India mandates that the salary must be paid in accordance with law. The application stands disposed. P. Kumar (Navin Sinha, J.)