IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.647 of 2006 1. Bijay Kumar Pathak son of late Hridya Narayan Pathak, resident of Mohalla Pandeypatti, Police State Buxar, District Buxar, at present Accounts Clerk, Water Canal Division, Mohania, Water Resources Department, Bihar, Patna. 2. Rishideo Mishra son of late Sukhdeo Mishra, resident of village Bhathawa, police station, Kateya, District Gopalganj at present Accounts Clerk, Water Canal Division, Mohania, Water Resources Department, Bihar, Patna. 3. Baliram Bhagat, son of late Mahatim Ram, resident of village Niyaipur, police station Buxar, District Buxar at present Accounts Clerk, Flood Central Division, Buxar, Water Resosurces Department, Bihar, Patna. ….. Appellants. Versus 1. The State of Bihar through the Chief Secretary, of the Government of Bihar, Patna. 2. The Commissioner-cum-Secretary, Water Resources Department, Bihar, Patna 3. The Commissioner-cum-Secretary, Finance Department, Bihar, Patna 4. The Chief Engineer, Water Resources Department, Dehri, Rohtas. …. Respondents. For the Appellants : Mr. Kamal Nayan Choubey, Sr. Advocate with Mr. Umesh Narayan Dubey, Advocate. For the State : Mr. Sanjay Prakash Verma, AC to GA 5. ------- 3/ 29-06-2010 This appeal under Clause- 10 of the Letters Patent Appeal of the High Court of Judicature at Patna has been preferred by the petitioners of C.W.J.C. No. 7896 of 2005, and raises a grievance with respect to the order dated 07.08.2006, whereby the writ petition was dismissed, the petitioners’ prayer for grant of unrevised pay scale of Rs. 220-315, the replacement pay scale of Rs. 535-765/-, has been rejected. `2. A brief statement of facts essential for the disposal of this appeal may be indicated. Appellant no.1 (Bijay Kumar Pathak) was appointed as Accounts Clerk in the unrevised pay scale of Rs. 220- 315 ( replacement pay scale of Rs, 535-765), 2 in the Irrigation Department of the Government of Bihar on compassionate ground, purely on temporary basis. Similarly, appellant no. 2 ( Rishideo Mishra ), was appointed by order dated 13.03.1986. Appellant No. 3 ( Baliram Bhagat ) was a class-IV employee in the same department and was, in the year 1984, promoted to the post of Accounts Clerk in the same pay scale. 3. The Collectorate and Muffasil offices had two distinct and separate cadres of Junior Accounts Clerks and Senior Accounts Clerks, which were merged by order dated 18.02.1981 w.e.f. from 01.05.1980, and they were assigned the unrevised pay scale of Senior Accounts Clerk, namely, Rs. 260- 408/-. There was de-merger of the cadre by order dated 28.09.1999 , which clearly specified that those who were enjoying the unrevised pay scale of Rs. 260- 408/-, would continue to enjoy the same. The appellants herein claim that, in view of the said orders dated 18.02.1981, read with the order dated 28.09.1999, they were entitled to the unrevised pay scale of Rs. 260- 408, revised from time to time. They submitted their representation dated 10.02.2005, which suffered inaction leading to the present C.W.J.C. No. 7896 of 2005, which has been dismissed by the impugned order dated 07.08.2006, 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears to us on a perusal of the materials placed before us that the appellants herein were not the employees of the Collectorate or the Muffasil Establishments. As has been held by the learned Single Judge with which we entirely agree that these appellants were not 3 covered by the said order dated 18.02,1981, read with the order dated 28,09,1999. Obviously therefore, they were not entitled to the unrevised pay scale of Rs. 260-408/- ( revised pay scale of Rs. 730-1080/-). Secondly, the learned Single Judge has held that the present case is covered by a Division Bench judgment of this Court dated 23.04.2003, in C.W.J.C. No. 8184 of 1988, which we agree. 4. We do not find any merit in this appeal and is accordingly dismissed. BTiwary/ ( S. K. Katriar, J ) ( Birendra Prasad Verma, J.)