Letters Patent Appeal No.813 OF 2006 Against the judgement and order dated 26.07.2006 passed by learned Single Judge in C.W.J.C.No. 15417 of 2004. THE STATE OF BIHAR & ORS--------------------------(Appellant) Versus GANESH SINGH & ORS------------------------------(Respondents) ---- For the Appellants : Mr. Lalit Kishore, Senior Advocate, AAG III Mr. Piyus Lall, Advocate, JC to AAG III For the respondents : Mr. Aditya Narain Singh, Advocate Mr. Kundan Kumar Sinha, Advocate **** P R E S E N T THE HON'BLE MR. JUSTICE CHANDRAMAULI KUMAR PRASAD THE HON'BLE MR. JUSTICE SHAILESH KUMAR SINHA Prasad & Sinha, JJ The State of Bihar & its functionaries aggrieved by the order dated 26.07.2006 passed by the learned Single Judge in C.W.J.C. No. 15417 of 2004 have preferred this appeal under Clause 10 of the Letters Patent. Short fact giving rise to the present appeal is that in the light of the direction of the Supreme Court in the case of State of Bihar & Others vs. Bihar Rajya Sahkarita Prabandhank Seva Sangh, Patna & Others, reported in (1998) 8 SCC 218 the State Government created 1750 class III posts to be filled by 2 Paid Managers. Paid Managers for the purpose of appointment were requested to appear in limited competitive examinations to be held exclusively for them. According to the decision such of the Paid Managers would be eligible for appearing in the examination for appointment whose age on 01.01.1999 was not more than fifty years. All these Paid Managers were permitted to make three attempts. In the light of the aforesaid decision taken by the State Government in view of the direction of the Supreme Court, the Bihar Public Service Commission issued advertisement on 19.04.2000 inviting applications from the Paid Managers to be appointed to a Class III post. In response to the said advertisement several Paid Managers appeared in the examination and ultimately 110 of them were appointed in the scale of pay of Rs. 4,000-6,000/-. As the Paid Managers were allowed three attempts for appointment, another advertisement was issued on 19.10.2000. In the advertisement it was made clear that those candidates who had offered their candidature in the light of the earlier advertisement dated 19.04.2000 need not apply. Thereafter the second examination was held and 679 persons got selected and appointed after 20.12.2000 in the scale of pay of Rs.3050- 4590/-. Aggrieved by grant of salary in the pay scale of 3 Rs. 3050-4590/- they filed the writ application and prayed for grant of scale of pay of Rs.4,000-6,000/- as has been given to the Paid Managers appointed earlier in the light of the first advertisement. According to the State Government Paid Managers appointed after 20.12.2000 shall be entitled for the scale of Rs. 3050-4590/- as by the resolution of the said date the post of Lower Division Clerks and Upper Division Clerks were demerged and Class III service thereafter consisted of Lower Division Clerk and Upper Division Clerk in the scale of pay of Rs. 3050-4590/- and Rs. 4000-6000/- respectively. Hence, persons appointed after the aforesaid date have to be necessarily given the scale of pay of Lower Division Clerk, and as such, the grant of salary in the pay scale of Rs. 3050-4590/- to the persons appointed after 20.12.2000 can not be said to be illegal. It has been further contended that this question was an issue before the Supreme Court in a contempt application bearing Contempt Petition ( C) No. 408 of 1990 and Civil Appeal No. 7357 of 1996 and the said contempt petition having been dismissed, the Paid Managers appointed after 20.12.2000 are not entitled to grant of scale of pay of Rs.4,000-6,000/-. The learned Single Judge on consideration of 4 the materials came to the conclusion that the decision of the State Government dated 20th December, 2000 shall have no application in the facts of the present case. This Court came to the conclusion that persons appointed after 20.12.2000 in fact were appointed in pursuance of the same recruitment process, and hence, shall be entitled to the scale of pay of Rs.4000-6000/- as granted to Paid Managers earlier appointed. While assailing the aforesaid judgment, the learned Additional Advocate General No.3 contends that in pursuance of the first advertisement dated 19.04.2000, 110 persons have been appointed, and as such, the recruitment process shall be deemed to have come to an end and therefore Paid Managers appointed after the decision of the State Government dated 20.12.2000 shall be entitled to the scale of pay of Lower Division Clerks i.e. Rs. 3050-4590/- Mr. Aditya Narain Singh appearing on behalf of the writ petitioners-respondents no. 1 to 13, however, contends that the recruitment process has not come to an end on appointment of 110 Paid Managers, but these respondents have also been appointed under the same recruitment process. Having appreciated the rival submissions, we do not find any substance in the submission of the learned 5 Additional Advocate General. It is worth mentioning here that this exercise of recruitment of Paid Managers was taken in view of the order of the Supreme Court. In the light of the order of the Supreme Court 1750 vacancies were earmarked for the Paid Managers. Further in light of the order of the Supreme Court Paid Managers were allowed three attempts. In the first advertisement the vacancies earmarked for the Paid Managers were 1750. In the second advertisement dated 29.10.2000 it was specifically mentioned that those candidates who have applied in pursuance of the earlier advertisement need not apply. These facts clearly indicate that the entire recruitment process was one and the same and 1750 posts were covered by the same advertisement. The learned Single Judge while passing the impugned order has come to the said conclusion and we are entirely in agreement with the said conclusion. Additional Advocate General No.3 has drawn our attention to clause 7 of the communication made by the State Government to the Bihar Public Service Commission (Annexure-3) which provides that Paid Managers succeeding in the competitive examination shall be given the benefits similar to the newly recruited government servants from the date of appointment. This according to the learned Additional Advocate General 6 clearly shows that those Paid Managers appointed after 20.12.2000 shall be entitled to the scale of pay existing on the date of their appointment. We do not find any substance in this submission of the learned Additional Advocate General also. Aforesaid clause, in our opinion, is in relation to other benefits which a Government servant is entitled and shall not relate to the scale of pay. We are of the opinion that when 110 persons appointed through the same recruitment process having been given the scale of pay of Rs. 4000-6000/- there is no justification for denying that scale to those Paid Manager who have been appointed after 20.12.2000. Learned Additional Advocate General lastly contends that dismissal of the contempt application seals the fate of Paid Managers appointed after 20.12.2000 so far as the grant of scale of pay of Rs. 4000-6000/- is concerned and the learned Single Judge erred in not taking note of that. We do not have the slightest hesitation in rejecting this submission. It is relevant to state here that while dismissing the contempt application the Supreme Court has not gone into this question and observed that it is only after the persons are appointed they can make grievance and seek relief in an appropriate forum. Even if 7 there be pleading in this regard in the contempt application, absence of adjudication on the said issue does not bind either party. In the result, we do not find any merit in this appeal. It is dismissed accordingly. In the facts and circumstances of the case there shall be no order as to costs. Patna High Court Dated the 10th of July, 2008 N.A.F.R./Manish ( Chandramauli Kumar Prasad,J.) ( Shailesh Kumar Sinha,J.)