IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5826 of 2000 1. SHRI PARMESHWAR PD.YADAV , son of Sri Bhuvneshwari Prasad Yadav, resident of Ward no.2, PO & PS Madhepura, District Madhepura at present posted as Senior Selection Grade Store Keeper, Eastern Embankment Division, Birpur, Supaul 2. Shri Shiv Shankar Prasad Yadav 3. Shri Bindeshwar Sardar 4. Shri Padam Sundar Pradhan 5. Shri Randhir Kumar 6. Shri Bibhisan Prasad Yadav 7. Shri Surendra Shukla 8. Abul Bari 9. Shri Ravindra Kumar Sinha 10. Shri Ramprit Singh 11. Shri Niranjan Sisngh 12. Shri Arvind Kumar Singh 13. Suresh Prasad Singh ………… Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary, Finance Department, Government of Bihar, Patna 3. The Deputy Secretary, Water Resources Department, Government of Bihar, Patna 4. The Engineer-in-Chief, Water Resources Department, Government of Bihar, Patna 5. The Superintending Engineer, Irrigation Department, Kosi Division No.1, Birpur, District Supaul 6. The Executive Engineer, Irrigation Department, Kosi Division, Irrigation Department, Birpur, District Supaul ………….. Respondents ----------- 07- 29/11/2010 Heard learned counsel for the parties. The writ petition has been preferred with the prayer to quash the order bearing memo no.474 dated 2.3.2000 (Annexure-1), issued by the Government of Bihar in the Department of Water Resources (Irrigation). The respondents have placed on record their supplementary counter affidavit, paragraph - 2 5 of which is reproduced hereinbelow: “5. That it is stated that Finance Department vide its letter no.6316 dated 6.8.02 has issued a circular addressed to Accountant General, Bihar, Patna and communicated to the concerned authorities that in view of the order passed in LPA No. 1984 of 1995 (Ram Prasad versus The State of Bihar) the order passed in CWJC No. 618 of 1990 shall not be only confined/applicable to the petitioner of CWJC No. 618 of 1990 but it shall be applicable to all those persons who are equivalent/identical to the writ petitioners of CWJC No. 618 of 1990. It has been further observed in the said letter that those store-keepers who are getting scale of Rs.260- 408 in pursuant to letter no.132 dated 17.1.80 will be provided the benefit of scale Rs.730-1080 with effect from 1.4.81, scale of Rs.1400-2300 with effect from 1.1.86 and scale of Rs.4500- 7000 with effect from 1.1.1996. This benefit shall not be provided to those store-keepers who have been appointed as Store-Keepers on 1.4.81 and 1.4.1981.” It is thus evident as per the stand of the respondent authorities that those of the Store Keepers who were appointed before 1.4.1981 shall get the replacement pay scales mentioned in the aforesaid paragraph of the supplementary counter affidavit. The admitted position between the parties is that all the petitioners were appointed as Store Keepers on different dates between 29.12.1972 to 12.3.1973, as stated in paragraph-3 of the writ petition, i.e much before 1.4.1981. All the petitioners are, therefore, 3 entitled to the replacement pay scales sanctioned by the State Government. 2. The writ petition is accordingly allowed. The impugned order dated 2.3.2000 (Annexure 1), stands Pro- Tanto modified. Let the consequential benefits including post-retirement benefits be made to the petitioners within a period of four months from today, failing which the entire dues shall carry interest @ 11% from the dates the amounts became due till the dates of payment. ( S K Katriar ) ( S P Singh ) mrl