IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8946 of 2011 Shailendra Kumar Singh, son of Sri Ramakant Prasad Singh, resident of village – Bhagwanpur Kamla, P.S. Ujiyarpur, District – Samastipur- ---------------------------------------------------------Petitioner Versus 1. The State Of Bihar. 2. Principal Secretary, Department of Water Resources, Bihar, Patna. 3. Director, Revenue Admn, Department of Water Resources, Bihar, Patna. 4. Dy. Collector, Revenue Division, Department of Water Resources, Motihari. 5. Superintending Engineer, Water Sub-Divisional Circle, Motihari. 6. Executive Engineer, Sikrahna Embankment Division, Motihari. ---- ---------------------------------------------------Respondents ----------- 02. 25.8.2011 Petitioner came to be appointed / regularized on the post of a clerk cum typist under the Irrigation Department. Initially he was working on a daily wage basis. When the question of regularization arose in the year 1992, number of persons came to be recommended but when the decision to regularize the service was taken by the authorities in the year 1997 petitioner was kept out from the zone of consideration. This compelled the petitioner to approach the High Court in CWJC No.14192 of 2002. This writ was disposed of on 1.3.2005. A direction was given upon the respondents to implement the decision dated 14.7.1997 with regard to the petitioner meaning thereby that even his claim for regularization had to be implemented. Pursuant to that order petitioner came to join on a substantive capacity on 17.5.2005. The benefit which the petitioner got by virtue of that judicial order did not satisfy him because another round of litigation came to be initiated by him that there was a kind of 2 distinction in the matter of pay scale to which he is entitled to. This time he filed CWJC No. 16010 of 2006. That matter came to be disposed of with a direction upon the Principal Secretary to take a decision and pass a speaking order. The speaking order is Annexure-1 which is being assailed primarily on the ground that the reasoning given by the Principal Secretary denying the claim of particular pay scale to the petitioner is erroneous if not arbitrary. First contention is that since recommendation of the petitioner for regularization and substantive appointment relates to the same transaction relating to 14.7.1997 even though petitioner came to be appointed on the post on 17.5.2005 the date when he joined, that will not make any distinction between those appointed earlier and the claim of the petitioner. He must be treated identically with the earlier appointees. No decision in support of the proposition has been brought to the notice of the Court that the date of recommendation can become the date of appointment. It was because of refusal of the respondents to give benefit to the petitioner in the year 1997 that he approached the High Court seeking relief for such appointment. Based on the said adjudication contained in Annexure-2, petitioner came to join or being appointed on a regular post on 17.5.2005. How can such a joining therefore relate back to the recommendations made in the year 1997 when there was no recommendation in 3 favour of the petitioner till the High Court intervened is not understood by this Court. The Principal Secretary in his speaking order has decided and held that the pay scale to which the petitioner would be entitle to will be dependent upon the pay scale available to such person on the date of joining and he cannot seek parity merely because many a persons came to be regularized in the year 1997. The benefit of service and the conditions of service will always be available to an employee on the basis of his joining on the post and there is distinction between those who had been appointed in the year 1997 and now on 17.5.2005. Such a situation therefore cannot be termed to be arbitrary or discriminatory. The parity which the petitioner is looking for has rightly been rejected by the Principal Secretary. There is no infirmity in such decision which requires interference. Writ is dismissed. rkp ( Ajay Kumar Tripathi, J.)