IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6384 of 2007 Chandra Bhushan Mahto, SON OF LATE RAM SIRTAJ MAHTO, RESIDENT OF VILLAGE- BAKHRI, P.S.- SAKRA, DISTRICT- MUZAFFARPUR :--- PETITIONER. Versus 1. The State Of Bihar THROUGH THE SECRETARY, DEPARTMENT OF LAW, GOVT. OF BIHAR, PATNA. 2. REGISTRAR GENERAL, PATNA HIGH COURT, PATNA. 3. CONVENOR, CO-ORDINATION COMMITTEE CUM DISTRICT AND SESSIONS JUDGE, PATNA. 4. DISTRICT AND SESSIONS JUDGE, MUZAFFARPUR. 5. REGISTRAR, CIVIL COURT, MUZAFFARPUR:;---RESPONDENTS. ---------------------------------- For the petitioner :- M/S Banwari Sharma, Shiv Kumar, Advocates. For Respondent No. 2-5:- Mr. Abhinay Raj, Advocate. ====== 2. 30.11.2011. Heard learned counsel for the petitioner and the counsel for Respondent Nos. 2 to 5. 2. Petitioner was an applicant for appointment on a Class-III post in the Civil Court, Muzaffarpur. He participated in the selection process, selected for appointment vide Appointment Order No. 47/97 and was served with appointment letter bearing Memo No. 1810-1862/E dated 4.11.1997, Annexure-3 directing him to report for joining the post of Clerk in the scale of Rs. 1200- 1800/- between 13.11.1997-25.11.1997. His joining was not accepted as on the date of submission of joining he was found accused in four complaint cases. Later he was acquitted in three out of the four complaint case filed against him still his joining was not accepted, he filed C.W.J.C. No. 8785 of 1999, during pendency of the said writ case he was also 2 acquitted in the fourth case whereafter he informed the District Judge, Muzaffarpur under letter dated 17.7.2001, Annexure-4 about his being acquitted in all the four criminal cases filed against him. Inspite of such information joining of the petitioner was not accepted then he proceeded with the hearing of the writ case which was disposed of under orders dated 9.2.2005, Annexure-5 directing the respondents to take a fresh decision with regard to the joining of the petitioner in view of his appointment letter dated 4.11.1997, Annexure-3. In the light of the orders of the High Court joining of the petitioner was considered and under Memo No. 138 dated 24th January, 2006, Annexure-8 he was directed to join as clerk on temporary basis in the pay scale of Rs. 3050-4590/- which is not the corresponding scale of Rs. 1200-1800/- in which petitioner was earlier appointed under memo no. 1810-1862/E dated 4th November, 1997. It is submitted on behalf of the petitioner that appointment of the petitioner was delayed on account of the pendency of the criminal cases but after acquittal he has to be appointed in the corresponding scale of the scale in which he was initially selected under appointment order no. 47/97 and the corresponding scale of the scale of Rs. 1200- 3 1800/- is Rs. 4,000-6,000/-. In support of the aforesaid submission learned counsel for the petitioner has relied on the Division Bench judgment of this Court in the case of Krishna Kumar alias Krishana Kumar Vs. The State of Bihar & Ors, reported in 2011 (4) PLJR 92. 3. Counsel for the High Court states that during the period between issue of the first appointment letter dated 4th November, 1997 and the present appointment letter dated 24th January, 2006 post and scale of clerks has been demerged as Lower Division Clerk and Upper Division Clerk in the scale of Rs. 3050-4590/- and Rs. 4,000-6000/- respectively. After demerger fresh appointment is required to be made on the post of Lower Division, Upper Division Clerk is the promotional post of the clerks appointed in Lower Division and in appreciation of such demerger petitioner was appointed under Appointment Letter dated 24th January, 2006 in the lower scale of Rs. 3050-4590/- . 4. Having heard counsel for the parties and having appreciated the fact that petitioner was initially selected for appointment in the scale of Rs. 1200-1800/-, as is evident from appointment order 4 no. 47/97 but such appointment could not take place as he was found implicated in four complaint cases in which petitioner was subsequently acquitted and in the light of the subsequent acquittal petitioner has been given appointment as clerk then such appointment has to relate back to the earlier appointment as also in the corresponding scale of the scale in which he was to be initially appointed vide appointment letter dated 4th November, 1997. 5. Accordingly, this writ petition is disposed of directing the authorities of the Civil Court, Muzaffarpur to grant the petitioner the scale of Rs. 4,000-6,000/- with effect from the date of his joining but seniority with effect from the date of joining of others pursuant to the earlier appointment letter. Arrears of difference of salary in the higher scale from the date of joining till the grant of higher scale be allowed to the petitioner within a period of two months from the date of receipt of a copy of this order. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)