IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12835 of 2003 1. MADAN PRASAD SINGH, son of Late Ram Pratap Singh, resident of Village- Sakari, P.O.- Kudra, P.S.-Kudra, District- Kaimur, Presently posted as Assistant Seed Certification Officer, Ara, District-Bhojpur 2. Banarsi Mishra Son of Sri Parash Nath Mishra, resident of Village- Bastalwa, P.O.- Kudra, District- Kaimur Presently posted as Block Agriculture Officer, Dumariya, District-Gaya 3. Md. Amzad Maroof Son of Md. Shible, Resident Mohalla- Mahalpur, Biharsharif, P.S.- Neemganj, District- Nalanda Presently posted as Assistant Compost Development Officer, in the Office of Deputy Director Agriculture (Co0mpost) Mithapur, Patna ------------ Petitioners Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Agriculture Department, Government of Bihar, Vikas Bhawan, Patna. 3. Additional Secretary, Department of Agriculture, Government of Bihar, Patna 4. Joint Secretary, Agriculture Department, Government of Bihar, Patna. ---------------Respondents ----------- For the petitioners:- Mr. D.K. Sinha, Sr. Adv. For the State:- Mr. A. Amanullah, SC- 17 ------------------ 4. 29.1.2010 Heard learned counsel for the petitioners and the State. The controversy involved is adequately noticed in the order of this Court in M.J.C. No. 2323 of 1995 holding on 19.11.1996 with reference to Government orders as approved by the Department of Finance that it was only those Agriculture Officers who had obtained decree in B.Sc. Agriculture or equivalent who were entitled to the revised scale of Rs. 2000-3800. More specifically, the petitioner came to this Court in C.W.J.C. No. 12977 of 1996 when inter alia noticing the observations and directions of this Court in M.J.C. No. 2323 of 1995, the petitioners were directed to represent before the 2 authorities for similar relief. In pursuance thereto came the departmental recommendation dated 24.9.2001 that they were entitled to the revised scale as they held the qualification of B.Sc. Agriculture. Thereafter followed the impugned order dated 18.10.2003, in pursuance of the order in C.W.J.C. No. 12977 of 1996 granting the benefit only to two of the original writ petitioners while denying the same to the present three petitioners on the ground that they were not entitled in view of their position in the seniority list. The issue was not with regard to the grant of revised pay scale on the basis of seniority but on the issue whether the incumbent possess the required qualification of B.Sc. Agriculture. Quite obliviously, the respondents realizing their own folly during the pendency of the writ application have issued orders on 4.3.2008 granting the revised pay scale to petitioner no. 1 alone by notification bearing No. 1383. Let the copy of the notification produced on behalf of the petitioners be kept on record. Prima facie, there appears no justification for this discriminatory conduct of the respondents vis-à-vis petitioner nos. 2 and 3. Let the respondents examine the claim of petitioner nos. 2 and 3, in light of the aforesaid discussion vis-à-vis the benefits already granted by them to petitioner 3 no. 1 and pass appropriate orders in accordance with law with consequential benefits with regard to petitioner nos. 2 and 3 within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)