IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1282 of 2011 Vinay Kumar & Ors. Versus The State Of Bihar & Ors. ---------------------------------- with Miscellaneous Jurisdiction Case No.1827 of 2011 Rajiv Kumar Singh Versus The State Of Bihar & Ors ---------------------------------- with Miscellaneous Jurisdiction Case No.2862 of 2011 The State Of Bihar & Ors. Versus Nirpendra Kumar & Anr. ---------------------------------- with Miscellaneous Jurisdiction Case No.2863 of 2011 The State Of Bihar & Ors. Versus Sunil Kumar & Ors. ---------------------------------- with Miscellaneous Jurisdiction Case No.2868 of 2011 The State Of Bihar & Ors. Versus Alakh Kumar Sinha & Anr. ---------------------------------- 5 03-11-2011 Heard the parties. The two contempt petitions have been preferred by the concerned employees who were respondents in the three Letters Patent Appeals disposed of by order dated 30-8-2010 contained in annexure-1. They are aggrieved because the direction in annexure-1 to the State Government to take a decision in respect of appropriate pay scale within six months or else to grant higher pay scale to the concerned employees had not been given 2 effect to. The three other MJC petitions have been preferred on behalf of State of Bihar, the appellants in the three Letter Patent Appeals, praying to extend the period of six months for taking a final decision failing which certain consequences were to follow. On behalf of the State a show cause has been filed in MJC no. 1282/2011 to which a resolution of the Finance Department, Government of Bihar dated 21st October, 2011 has been annexed as annexure- A. That resolution contains the final decision taken by the State of Bihar whereby the concerned employees as well as holders of the post of Labour Inspector, Labour Officer and Senior Auditor Grade II have also been allowed the pay scale of Rs. 5,000/ - 8,000/-. Since the pay scale already granted to Labour Inspectors and two other categories of posts indicated above was Rs. 5,500-9,000/- and that has been now reduced with prospective effect because there is a specific direction not to recover the access amount already paid, the concerned employees who are petitioners in two contempt petitions have raised a grievance that they are definitely going to loose 3 monetary benefits which have already accrued to similar class of employees. In our considered view, the main issue should not be decided on technicalities and, hence, we allow the prayer made on behalf of the State to extend the time for taking a final decision. The said time is extended suitably till 21-10-2011 when annexure-A was issued. Since higher pay scale of Rs. 5,500-9,000/- has not been granted to the concerned employees and pay scale of some of employees has been reduced by the resolution contained in annexure-A, they would naturally be aggrieved by the said resolution. It goes without saying that the affected employees would be at liberty to challenge the decision contained in annexure-A through appropriate proceeding in accordance with law. The two contempt petitions are, accordingly, disposed of. The three petitions for modification and extension of time stand allowed, as indicated above. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)