IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17031 of 2008 UNION OF INDIA & ORS Versus TRIPURARI KUMAR SINHA ----------- For the petitioners: Mr. Sudhir Singh, Asst.SG. For the respondent: Mr. Bindhyachal Singh Mr. Rakesh Kr. Sinha, Advocates 3 27-01-2009 It is common ground that the issue involved in the present writ application is subject matter of adjudication before the Supreme Court in Special Leave to Appeal (Civil) No.1840 of 2008 (Union of India vs. Kunwar Sen & Anr.). Counsels representing the petitioners as also the respondent states that this writ petition be disposed of with observation that both the parties shall abide by the decision of the Supreme Court as and when comes in the case referred to above. We are of the opinion that the question of entitlement of pay scale as well as question of recovery would be squarely covered by the decision of the Supreme Court in the case referred to above. In the meantime, there should not be any - 2 - recovery from the employee – respondent no.1 herein. It is made clear that in case the Supreme Court ultimately decides in favour of the petitioners, it would be free to act in accordance with the said decision notwithstanding that the present writ petition is disposed of in the present manner. Accordingly, this writ application stands disposed of with observation aforesaid. Neyaz/- C. K. Prasad, ACJ. S. K. Sharma, J.