IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5198 of 2002 OM PRAKASH BHAGAT, Son of Shri Mangal Bhagat, resident of Mari-Darmi Tola, Police Station- Lapung, District-Ranchi, at present resident of Village+P.O-Hehal (Pawa Toli), Police Station- Sukhdeo Nagar, District-Ranchi. Versus 1.THE STATE OF BIHAR, through its Chief Secretary. 2.The Secretary, Department of Planning and Development, Government of Bihar, Patna. 3.The Secretary, Bihar Public Service Commission, Bailey Road, Patna. 4.The Bihar Public Service Commission, Bailey Road, Patna, through its Secretary. 5.The Chairman, Bihar Public Service Commission, Bailey Road, Patna. With CWJC No.5235 of 2002 BENEDICT TIGGA Son of Joseph Tigga, Resident of Village-Baurikona, P.O. Tamra, P.S. Simdega, District- (Earlier) Gumla (now) Simdega, Jharkhand. Versus 1.THE STATE OF BIHAR. 2.The Chief Secretary, Government of Bihar, Patna. 3.The Secretary-Cum-Commissioner Personnel and Administrative Department, Govt. of Bihar, Patna. 4.The Secretary-Cum-Commissioner, Finance Depatt. Government of Bihar, Patna. 5.The Secretary-Cum-Commissioner, Planning and Development Deptt. Govt. of Bihar Patna. 6.The Director Statistics, Govt. of Bihar, Patna. 7.The Commissioner-Cum-Secretary, Deptt. of Health Govt. of Bihar, Patna. 8.The Bihar Public Service Commission, through the Chairman, Bailey Road, Patna. 9.The Chairman, Bihar Public Service Commission, Govt. of Bihar, Patna. ----------- 8 7/8/2009 Heard counsel for the parties. Pursuant to the order of this Court dated 5.5.2009 Mr. S.K.Ghosh, A.A.G.2 would submit that the recommendation of the Bihar Public Service Commission contained in letters no. 417 and 424 both dated 8.4.2009 for appointment of the two petitioners of 2 these two cases along with others heirs already been received by the Revenue and Land Reforms Department and they are being processed. He has also assured this Court that such procedural aspects for appointment of the petitioners on the posts they have been recommended would be completed within a week. Mr. Anil Kumar Tiwary, learned counsel appearing on behalf of the petitioners has however expressed his apprehension that though the petitioners at long last are going to be appointed but the Respondents would not give effect to an earlier order of this Court dated 11.9.2006 in C.W.J.C. No. 3496 of 2002, wherein this Court had held as follows :- “In asmuch as, for no just reason the petitioner had to wait from at least 1.1.2000 until he joined the service on 26.8.2006, though there is no direction for payment of salary to the petitioner for that period, the said period shall be treated as spent on duty while determining the retirement dues and seniority of the petitioner.” In the opinion of this Court at this stage when an order of appointment of the petitioners is yet to be issued such apprehension of the learned counsel for the petitioner seems to be wholly misconceived, inasmuch as, if there be inter-party direction applicable and enforceable also in the case of the petitioners, that has to be given effect to by incorporating the same in the appointment letter of the petitioners. That being so, both the writ applications are being disposed of with a direction to the respondents to ensure that the consequential appointment letters complete in all respect must be 3 issued within a period of one week from the date of receipt/production of a copy of this order. Abhay Kumar (Mihir Kumar Jha, J.)