IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17269 of 2009 1. SANJAY KUMAR BHAGAT S/O JAGDISH BHAGAT, R/O VILL- AMARPUR, P.O-AMARPUR, P.S- AMARPUR, DISTT- BANKA, PRESENTLY WORKING AT CENTRAL JAIL, GAYA, PATNA 2. SATISH KUMAR S/O SHYAM NARAIN SINGH, R/O VILL- BANDHUGANJ, P.S- GHOSI, DISTT- JEHANABAD, PRESENTLY WORKING AT CENTRAL JAIL , PATNA 3. RAJIV KUMAR BHAGAT S/O JAGDISH BHAGAT, R/O VILL- AMARPUR, P.S- AMARPUR, P.O- AMARPUR, DISTT- BANKA, PRESENTLY WORKING AT CENTRAL JAIL, GAYA, PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME (SPL) GOVERNMENT OF BIHAR, PATNA 3. THE INSPECTOR GENERAL (PRISONS), BIHAR, PATNA 4. THE DIRECTOR (ADMIN. JAIL INSPECTION, HOME (JAIL DEPARTMENT) BIHAR, PATNA 5. THE SUPERINTENDENT, CENTRAL JAIL, GAYA ----------- 2/ 09/02/2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are stated to be working on daily wages in the Central Jail, Gaya. The claim is for grant of minimum time scale of pay. Learned counsel for the petitioners relies upon an order of this Court passed in C.W.J.C. No.4282/2000 which, in turn, relies upon two earlier order passed in C.W.J.C. No.3909/95 and C.W.J.C. No.7655/96. The order in the former notices that the orders in the latter case have attained finality. If the respondents have accepted the claim of certain others similarly situated and the orders of this Court referred to above have attained finality at 2 the hands of the respondents, prima facie, there appears to be no justification for them to accord any different treatment to petitioners- 1 and 3 on whose behalf it is submitted that they are working on daily wages against sanctioned vacant posts. If the petitioners-1 and 3 are working on sanctioned vacant posts, the orders of this Court referred to above shall apply with equal force to them also. Petitioner No.2 is stated to be working on an unsanctioned post and, therefore, the question of any minimum time scale of pay to him does not arise. The writ application is dismissed insofar as petitioner No.2 is concerned. Let the respondents consider the claim of petitioners-1 and 3 for the minimum time scale of pay in light of the aforesaid discussion, in accordance with law, within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC/ ( Navin Sinha, J.)