IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2125 of 2005 MANOJ KUMAR SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners : Mr. Jitendra Kr. Roy, Advocate For the Respondent : - --------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 8th July, 2008. Heard the counsel for the parties. 2. The grievance of the petitioners in this MJC petition is with regard to non-compliance of the order dated 21.3.2005. 3. The petitioner filed writ petition being C.W.J.C. No. 15723 of 2001 seeking direction for payment of salary on regular basis for the post of Panchayat Sewak with effect from 11.1.2000. 4. The said writ application was disposed of by the following order :- “However, if so advised, the petitioners may represent their case before the authorities concerned for redressal of their grievances in the light of the order passed by this Court, as contained in Annexure – 12 - 2 - and in case it is so done, the representations filed by the petitioners would be considered and disposed of in accordance with law by speaking order within a period of three months from the date of filing of the representation.” 5. The counsel submits that the case of the petitioners is exactly similar to the case that was under consideration by this Court in C.W.J.C. No. 7935 of 1994 (Ram Krishna Singh Yadav and 11 others Vs. State of Bihar and ors.). He submits that the said order was not interfered in intra court appeal by the Division Bench. Despite that, the counsel would submit, the petitioners have not been paid salary of Panchayat Sewak on regular basis with effect from 11.1.2000. 6. The opposite parties have responded to this M.J.C. and shown cause. It transpires therefrom that pursuant to the direction given by this court on 21.3.2005 in petitioners’ matter, the representation made by the petitioners was considered and the order has been passed on 28th June, 2005. We are afraid, the legality and correctness of the order dated 28th June, 2005 cannot be indirectly put in issue by means of this miscellaneous judicial case. If aggrieved, the petitioners have to challenge the legality of the order dated 28th June, 2005 directly in appropriate proceedings. 7. We are, thus, satisfied that nothing further needs to be done in this M.J.C. It is disposed of accordingly. However, this will not preclude the petitioners to challenge the legality and - 3 - correctness of the order dated 28th June, 2005, if advised, in appropriate proceeding. R. M. Lodha, CJ Kishore K. Mandal, J Anil/