IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6322 of 2010 1. Rajendra Prasad Singh, son of Late Natho Singh, Resident of village Deoka, Police Station Choutham, District Begusarai. 2. Sachidanand Singh, son of Late Deo Sharan Singh, resident of Sahjanand Nagar, Hemra Road, Police Station Town, District Begusarai, presently posted at District Welfare Office, Begusarai. 3. Kumar Krishna Nandan Singh, son of Late Ram Prasad Singh, Resident of village Bandehara, Police Station Pasraha, District Khagaria, presently posted at District Welfare Office, Begusarai. 4. Shyam Nandan Singh, son of Late Narayan Singh, Resident of village Dularpur, Police Station Teghra, District Begusarai, presently posted at Sub- Divisional Welfare Officer, Dalsinghsarai. 5.Ram Bilash Singh, son of late Dhukha Singh, Resident of Village Khutia, Police Station Mansi, District Khagaria, presently posted at District Welfare Office, Samastipur…………………Petitioners Versus 1. The State Of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariate, Patna. 2. The Finance Commissioner, Govt. of Bihar, Old Secretariat, Patna. 3. The Commissioner-cum-Secretary, Department of Co-operative, Government of Bihar, New Secretariate, Patna. 4. The Registrar, Department of Co-operative, Government of Bihar, New Secretariate, Patna. 5. The Commissioner-cum-Secretary, Department of Welfare, Govt. Of Bihar, New Secretariate, Patna. 6. The Director, Department of Welfare. Govt. of Bihar, New Secretariat, Patna. 7. The District Welfare Officer, Begusarai. 8. The District Welfare Officer, Samastipur…………………………………………….………Respondents ----------- 3. 22.02.2011 Heard learned counsel for the petitioners as well as learned counsel 2 for the respondents. In this writ application, petitioners have prayed for a direction to the respondents to place them in the pay-scale of Rs.4000-6000 instead of 3050-4590, as process of their appointment against class III posts had started prior to issue of the Finance Department letter no.8825 dated 20.12.2000. Learned counsel for the petitioners has produced an order of the Co-operative Department contained in Memo No.3814 dated 34.07.2010. From this order it appears that similar matter was considered by this court as well as by the Apex Court and it was held that persons under consideration for appointment as upper division clerks, pursuant to advertisement no.1/2000, have to be taken on the board for placing the incumbents in the pay-scale of upper division clerk irrespective of the actual date of their appointment. Learned counsel submits that now that the order has been issued by the Co-operative 3 Department, the writ application of the petitioner may be disposed of for consideration of their representation as contained in Annexure-8 in the light of the said order of the Co-operative Department. Learned counsel for the respondents has no objection to the same. In the circumstances, the writ application is disposed of with liberty to the petitioners to file a fresh representation before the respondent no.5, Commissioner – cum - Secretary, Department of Welfare, Government of Bihar, Patna within four weeks from today enclosing a copy of the said order of the Co-operative Department along with a copy of this order. If such a representation is filed, respondent no.5 shall consider the representation in the light of various orders of this Court as well as the said order of the Co-operative Department and take appropriate decision in accordance with law preferably within a period of two months thereafter. It goes without saying that if the 4 petitioners are held entitled for the pay-scale of upper division clerks, all consequential orders in respect of payment of arrears of petitioners shall also passed within that period. BT (J. N. Singh, J.)