IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10937 of 2009 MD.WAHAB, S/O LATE MD. ISHA, RESIDENT OF MOHALLA- MAHADEVA, PO/PS-ARA, TOWN-ARA, DISTRICT-BHOJPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY. 2. THE SECRETARY, PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR,PATNA. 3. THE SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION BAILY ROAD, PATNA. 5. THE SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILY ROAD,PATNA. ... ... RESPONDENTS. ----------- For the Petitioner : M/S Anil Kumar Tiwary,Adv. Binod Kr. Mishra,Adv. For the State : A.C. to G.A.1. For the B.P.S.C. : Mr. Sanjay Pandey, Adv. ----------- 2. 31.8.2009. Heard learned counsel for the petitioner, State and the Commission. Petitioner is an Ex-employee of the Bihar State Agro Industries Development Corporation Ltd. His services were initially deputed in the Bihar Public Service Commission. Later he has been absorbed in the Commission as per the orders of the State Government bearing Memo No.3569 dated 4th April,1996 (Annexure-9) on the basis of which the Commission has also issued office order No.37 dated 25.4.1996 (Annexure-10). Perusal whereof indicates that his services have been - 2 - regularized and at the time of regularization salary was fixed at Rs.2750/- with effect from 3.7.1993, which fact is also evident from final order made by the State Government in the Personnel and Administrative Reforms Department bearing Memo No.251 dated 12th January,1999 (Annexure-11) and the instruction of the Commission contained in letter No.786 dated 3.7.2003 (Annexure-12). Under instructions of the State Government contained in letter No.3480 dated 7th May,2004 (Annexure-13), the matter is again being re- opened and in response to such instructions of the Government, the Commission has submitted its reply contained in letter No.2036 dated 8.8.2008 that at the time of regularization petitioner was allowed the scale of Rs.1500/2900/- and his salary was fixed at Rs.2750/- with effect from 3.7.1993. It is submitted on behalf of the petitioner that he is to superannuate with effect from 30th November,2009, but the controversy, which was raised by the State Government under letter dated 7.5.2004 (Annexure-13) has not yet been resolved. - 3 - N.H./ Let the competent authority of the State (respondent no.2) take appropriate decision in regard to the scale and the salary admissible to the petitioner with effect from the due date as early as possible in any case before 30th November,2009. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)