IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.380 of 2011 In (CIVIL WRIT JURISDICTION CASE 14820/2010) Dr.Vibhesh Prasad Singh Son of Chaturbhuj Prasad Singh, resident of Mohalla- Hospital Road, PS Siwan District Siwan ....Appellant Versus 1. The State Of Bihar 2. The Secretary, Department of Health, Government of Bihar, New Secretariat, Patna 3. The Joint Secretary, Department of Health, Government of Bihar, New Secretariat, Patna 4. The Deputy Secretary, Department of Health, Government of Bihar, New Secretariat, Patna 5. Dr. Chandra Shekhar Kumar, Son of Shri Ramswarup Prasad, resident of village & Post- Nadiami via Biraul, PS Kusheshwar, District Darbhanga, presently working as Civil Surgeon, Siwan Sadar Hospital, Siwan ...Respondents ---------------------------------- For the Appellant: Mr. Ratnesh Kumar Singh, advocate For the State: Mr. Prabhat Kumar, AC to GA 2 For the respondent no.5: Mr. Ashok Kumar Singh, Sr. advocate Mr. Vivek Prasad, advocate ----------------- 5 07-09-2011 Heard the parties. No doubt there is some difference in the phraseology used in annexure-3 dated 25-7-2007 and annexure- C/1 (to counter affidavit of respondent no.5) dated 3-3-2005 but, prima facie, higher scale of 10,000- 15,200/- has been granted to the respondent no.5 by order dated 3-3-2005 w.e.f. 1-1-1996 whereas same higher pay scale has been granted to the appellant/ writ petitioner by annexure-3 dated 2 25-7-2007 w.e.f. 1-6-2003. Since the matter is still to be decided by the learned writ court, we are not persuaded to enter into further merits of the matter. The interim order whereby stay granted earlier in favour of the appellant has been vacated, in our view, does not require any interference. The appeal is, therefore, dismissed. If the appellant takes steps for early disposal of the writ petition, the writ petition may be heard and decided on priority basis. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)