IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1544 of 2008 SUNIL KUMAR & ORS Versus STATE OF BIHAR & ORS -With- MJC No.1189 of 2008 BIRENDRA KUMAR SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 2. 30.07.2008 M.J.C. Nos. 1544/08 & 1189/08 have been filed by the petitioners of C.W.J.C. No. 6467 of 2007 for modification/clarification of the order dated 06.02.2008 whereby Writ application was allowed. By this order, two impugned orders issued by the Rural Development Department under Memo No. 2828 dated 29.03.2007 and Memo No. 127 dated 04.05.2007 were quashed. The order contained in Memo No. 2828 dated 29.03.2007 was the order whereby petitioners were absorbed as Govt. servants with effect from the date of Notification. Order contained in Memo No. 127 dated 04.05.2007 was the order whereby the petitioners were posted at different places treating them as Govt. servants. So far the order contained in Memo No. 2828 dated 29.03.2007 is concerned, it was quashed only to the extent whereby the petitioners were absorbed as Govt. servants with effect from a particular date. It is apparent from the finding in this very order where it is stated that the petitioners were appointed as a Govt. servants from the very date of their initial appointment and they could not have been treated as an employee of D.R.D.A. considering this finding, it is clarified that simply because Memo No. 2828 dated 29.03.2007 was quashed; it does not mean that - 2 - the petitioners will again be treated as an employee of D.R.D.A. on this plea that framing of rules is still under process. As per finding recorded in the order that petitioners were appointed as Govt. servants, since its inception , they are entitled for all benefits like any other government servants, like receiving salary under the Non-plan, pension, G.P.F. or any other benefits for which other government servants are entitled. It has been informed to this court that the petitioners are not getting their salary on this plea that rules are under process. The respondents will not take any such steps which will make them entitled to contempt of this court’s order. As per the direction in the writ application, the petitioners should be paid their salary under Non-Plan head. All other benefits, for which the Government servants are entitled, should also be allowed to the petitioners even if the rules are still under process. The order contained in Memo No. 127 dated 04.05.2007 is also clarified/modified in this context. These contempt applications are disposed of. AKV/ (Mridula Mishra,J.)