IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12709 of 2009 1. NARAIN PATI TIWARY 2. RAM KRIT SINGH 3. RAMSEWAK SINGH 4. RAGHUNATH YADAV 5. RAVISH CHANDRA MALVIYA 6. JAGADISH DWIVEDI 7. BISHWANATH RAI 8. DEEPCHANDRA RAM 9. BHAGWAN RAM 10. BANSHIDHAR SHARMA 11. RAJENDRA RAI 12. VISHWANATH SINGH 13. NITYA NAND RAI 14. BIRENDRA KUMAR MISHRA 15. OM PRAKASH PANDEY 16. SHIWA SHANKAR RAI 17. KAMLESH PANDEY 18. SADAPHAL VERMA 19. ARUN KUMAR SINGH 20. BINOD KUMAR SINGH 21. SHIV NAYAK SINGH -------- PETITIONERS Versus THE STATE OF BIHAR & ORS . ----------- 2 11.12.2009 Heard Counsel for the petitioners and the counsel appearing for the State. Petitioners’ grievance is that the benefit allowed to them by the State Government in the light of Finance Departments Resolution No. 660 dated 8.2.1999, whereby option was given to take revised pay scale w.e.f. 1.1.1996 or from the date they joined the service, has illegally and arbitrarily been withdrawn by the respondents and their pay scales have been reduced even without giving them any opportunity to show cause. 2 Petitioners were appointed in the years 1981- 1982 and fixation of their salary in the revised pay scales was done as per the Finance Department Resolution No. 660 dated 8.2.1999. Much controversy was raised in this regard, Several writ applications were filed and finally the State Government gave option to the petitioners and similarly situated persons to opt for revision of their pay scales either with effect from 1.1.1996 or w.e.f. the date their increment were due i.e. from the date they joined service. Petitioner exercised their options and opted for revised pay scales from the date when they joined service. The Government also accepted option exercised by the petitioners to give this benefit of revised pay scale to the petitioners not from 1.1.1996 but from the date of their joining. This arrangement was continuing but after so many years the District Account Officer, has arbitrarily cancelled the pay scales of the petitioners, fixed on the basis of options exercised by the petitioners under Rule 22 D. The pay scales of the petitioners have been fixed with effect from 1.1.1996 and it is also reduced Rs. 400/- per months. The issue involved in this writ application has been raised and settled in CWJC No. 9120 of 2005 by 3 order dated 10.3.2008. The respondents have been restrained from deducting any amount from the pay of the petitioners. The order passed in CWJC No. 9120 of 2005 has been annexed as Annexure-6 to the writ application. The case of the petitioner is identical to the petitioners in CWJC No. 9120 of 2005, as such it is being decided in the light of judgment and order contained in Annexure-6. As observed in this judgment, in case the judgment of the Supreme Court finally goes against the petitioners in Special Leave Petition No. 23147-23150 of 2002, recovery of amount stayed by the orders of the Apex Court, would be recovered either from the salary or/and retirement benefit of the petitioners, after making necessary adjustment. This observation will have application, in the case of the petitioners as well. Till disposal of case before the Supreme Court salary of the petitioners shall not be paid in the reduced scale. Accordingly, this application is being disposed of with similar direction as passed by this Court in CWJC No. 9120 of 2005. (Mridula Mishra,J.) A.kumar